论单位犯罪的直接责任人员

On the Person Directly Liable for a Crime Committed by an Entity

单位犯罪直接负责的主管人员,应当同时符合直接责任条件和主管人员身份条件。单位犯罪其他直接责任人员,是指积极地直接实施单位犯罪行为并对单位犯罪起主要作用的单位成员。《刑法》第31条实际上是否定所有单位犯罪部分行为人承担刑事责任的排除规则。

The identity of a person who is directly liable for a crime committed not by a natural person but by an entity is determined by whether he/she meets the requirements of direct liabilities and whether he/she is the executive of the entity. Other persons directly liable for a crime committed by an entity means those entity members who actively and directly accomplished and played a main role in the crime. Indeed, under Article 31 of the Criminal Act of the People＇s Republic of China, persons who are only partially involved with an entity crime may be excluded from bearing the criminal responsibility.