论犯罪单位消亡后自然人主体之刑事责任

Criminal Responsibility of Natural Person after Bankruptcy

单位犯罪情形下,虽然从行为科学视角和刑罚功利性角度出发,自然人主体应承担刑事责任,但其不能成为独立犯罪主体。通过对刑事责任的整体性特征的分析,认为追究自然人主体责任的前提是犯罪单位的存在,单位消亡则特定自然人的刑事责任也应随之消灭。

Under the situation of Units crime, although it can be said that natural person should take criminal responsibility, he or she cannot be regarded as the main body of crime from the perspective of action science and criminal punishment. By analysis of holistic character of criminal responsibility, we found that the pre - condition of natural person who should take liability is the presence of crime units, when the units become bankruptcy, the criminal liability will disappear either.