论单位犯罪中单位成员的刑事责任

On the Unit's Criminal Responsibility in Unit Crime

通过对单位故意犯罪中直接负责的主管人员和其他直接责任人员的处罚原则与共同犯罪的主犯、从犯的处罚原则的比较,尝试性提出在单位故意犯罪中单位的直接负责的主管人员和其他直接责任人员之间成立"准主犯、从犯"的观点,希望能为我国刑法单位犯罪的规定更趋合理,尽自己绵薄之力。

Based on the comparison between penalty principle for personnel in charge and other directly responsible for a deliberate crime and penalty principle for the principal and accessory in common crime ,this paper tries to put forward a suggestion that in a deliberate unit crime the governor and those with direct responsibility be treated as ＂ quasi-principal and accessory＂ in hoping that this paper can offer some advice for the improvement of the regulations concerning unit crime in our criminal law.