Research On The Theory Of Imputation In Unit Crime From The Perspective Of Corporate Compliance

The argument that a unit should bear criminal responsibility begins with the fact that in many ways,the unit is considered an independent legal entity-the unit can sign contracts,sue and be sued,and own property in its own name.Jurists have extended the basis of liability based on the unit bearing the consequences of employee behavior to the unit having independent criminal intent and corresponding regulatory obligations.The former is in line with the theory of vicarious liability,while the latter directly led to the emergence of dualism and corporate compliance systems.In recent years,in the context of the wave of compliance pilot reform,the research direction of Chinese criminal law researchers on unit criminal responsibility has also shifted from the traditional monism to the emerging dualistic theory.The focus of this article is on whether a unit can independently bear criminal responsibility and how to clarify its will and set its obligations in substantive law.The role of corporate compliance system in the certification of unit crime liability cannot be underestimated.Whether compliance can deter unit responsibility and to what extent compliance projects can affect the severity of sentencing are also the focus of this article.The first part of the article briefly introduces the development of the theory of unit crime liability.The theory of the principle of master servant during the emergence of the concept of unit responsibility was used as the source of alternative responsibility.The "other me" principle limited the scope of alternative responsibility and highlighted the role of decision-making institutions.Subsequently,it explained the reasons for the different attitudes towards unit criminal responsibility between civil law countries and Anglo American law countries,and reviewed the emerging theories of attribution both domestically and internationally.Among them,the formation of some theories provides a reliable basis for the independent will of unit crime.The second part of the article briefly introduces the basic connotation of corporate compliance,analyzes the incentive effect of corporate compliance system,and affirms that the existence of compliance policies can become an independent defense of unit criminal responsibility.The basis for this defense is that corporate compliance plays a role in avoiding the accountability of unit crimes,and proves that corporate compliance has a deterrent function on the attribution of unit crime responsibility.At the same time,taking corporate compliance as the entry point,the independent will,fault liability,and regulatory obligations of the unit have been clarified.The third part of the article introduces the corporate compliance system into the revision of the existing criminal substantive law system.It is recommended to improve the relevant concepts of the unit crime system,increase the punishment for illegal and irregular units,and clearly treat corporate compliance as the cause of crime and sentencing circumstances.