Establishment Of The Criminal Liability Personality Of Unit Crime And Its Study

Is a unit subject to criminal liability? With the establishment of unit crime in 1997 Criminal Law, opposition to unit crime has declined. However, what kind of criminal liability that a unit is subject to has become another argument. Actually a lot of theories and viewed have been established in the past years either outside and inside China now that discussions on unit crime have been deepening and judicial practices develop. Based on the study results of those scholars, the author of this thesis has compared, identified and analyzed the personality of a unit, viewed the personality of criminal liability as the criminal liability of unit crime, studied the structure of this theory and interpreted the logic and reasonableness of the dual penalty for unit crime. Focusing on these, the author divided this thesis into 8 chapters which are further elaborated from three sections.Section One (from chapter 1 to chapter 3): Background and IntroductionDiscussions and study on the unit criminal liability started earlier outside China and hence more established. This thesis focuses on the introduction of the studies in UK, US and Japan, specifically the Criminal Substitute theory and Uniform Liability theory in UK, the Unit Response theory and the Unit Culture theory and the Unit Structure theory in US, and the Unit Independent Act theory, Organization Criminal Liability theory and Unit Act theory in Japan.