论我国单位犯罪中个人刑事责任的承担

On the Personal Criminal Responsibility in the Crime Unit Commitment

单位犯罪中个人的刑事责任,在刑法理论与司法实践中,存在不少争议。从单位犯罪中个人刑事责任的承担这一角度着手,希望为追究单位犯罪中个人的刑事责任提供合理途径。首先界定了直接负责的主管人员和其他直接责任人的范围;其次,对责任人员的刑罚适用从主刑和附加刑的角度进行分析;最后,提出非刑罚处置措施作为刑罚的必要补充,并指出其适用的依据和要求。

In criminal law theory and judicial practice, individual legal responsibility of unit crime has many disputes. Starting with the point of individual legal responsibility in the unit crime, this article tries to provide some reasonable accesses in finding out the personal criminal responsibility in the crime unit commitment. At first, this article defines the direct responsible staff and other direct responsible personnel in the unit crime; Secondly, from the main and accessory penalties perspec- tive, the responsibility of the applicable penalty is carefully analyzed; Finally, the author proposes the non-penalty handling measure should be as the essential supplement of the penalty, and points out its related basis and the request.