论单位的刑事责任能力——兼及单位作为一般主体的提倡

On the Criminal Capacity of Unit: a Championship of Unit as Common Entity

单位作为人格化的社会系统,有自己的意思机关和控制系统,具有辨认能力和控制能力,因而具有刑事责任能力。单位的刑事责任能力具有独立性、整体性和完全性特征。单位应该作为与自然人并列的一般主体。

Unit as a personified social system has its own meaning institution and control system as well as its own power of recognition and self-control,and hence has its own criminal capacity.The criminal capacity of a unit is characterized by independence,entireness and completeness.Unity,in conclusion,should be listed parallel to the natural person as a common entity.