On The Attributing Mode And Approach Of Unit Criminal Liability

The unit is a proposed legal subject,which is an organization consisting of many people.It is different from person,it doesn’t have physical behavior and own awareness.The formation of its consciousness mainly depends on the awareness of unit members,and unit criminal behavior relies on unit members.Although the composition of unit crime and the consciousness and behavior of the unit members are inseparable,the unit is an independent criminal subject,and the criminal responsibility of the unit needs to reflect unit’s independent characteristics.In the theory and practice,the mode of personal liability is the mainly attributing mode of unit criminal liability.But it ignores the independence of unit and confuses the behavior and responsibility between unit and unit members,and it is difficult to adapt to changes of unit organization.In contrast,it is more appropriate to determine the attributing approach of unit criminal liability bases on the mode of organizational liability.Mode of organizational liability adapts to the development of world.With the economic development,and the need that enterprises pursue to improve the level of productivity and business,units expanded scale,its decision-making institutions and processes become more complex.Regarding the awareness and behavior of unit members as basis for judging unit crime and unit responsibility isn’t consistent with the actual situation.Mode of organizational liability emphasizes management system,regulations and the cultural atmosphere of units are objective factors of the unit awareness.Judicial department should use these contents as the basis of unit’s offense.The behavior of unit members also has an important role in attributing unit criminal liability.The unit members should be divided into ordinary members and management members,different members have different standard.The compliance plan is an important part of the unit self-regulation,and it can reflect the intent of the unit.It is also the basis for judging whether the behavior of the unit member can attribute to unit.