Analysis On The Unit Joint Offense

As an important part of the theory of criminal law, joint offense has beenstudied by many scholars and has developed a perfect theoretical system. Asthe criminal law revised in 1997 provides how to deal with crime committed bya unit, it has raised some new problems for the theory and legislation of theunit crime, one of which is the unit joint offense. But the general provisions ofthe criminal law didn't provide the unit joint offense, and scholars of thecriminal law didn't give enough attention to it. The criminal law revised in1997 has provided a unit has the same position as a person, which is anindependent subject of crime. So the unit joint offense becomes an importantproblem that should be solved as soon as possible. This essay on the basis ofachievements got in this field will try to discuss the characteristic, forms,criminal responsibilities of the unit joint offense and so on. This essay includes four parts, that is, introduction, the outline of the unitjoint offense, the determination of the unit joint offense, the criminalresponsibilities of the unit joint offense and so on. This essay is about 33,000words, including 2,000 footnotes. 3I. Introduction This part explains why the author chose this topic as the title of her essay.II. The outline of the unit joint offense The general provisions of the criminal law didn't provide the unit joint offense, so at first this part talks about whether the unit joint offense exists. A unit is a different subject of crime contrasted with a person., so the unit joint offense must be different with the joint offense committed by persons. This part analyses the characteristic, forms, criminal responsibilities of the unit joint offense and other questions.III. The determination of the unit joint offense This part analyses under what circumstances the units and their branches will be determined the unit joint offense. This part also analyses how to distinguish individual acts from unit acts, how to choose the accusation when units and person commit crimes together, and how to determine the amount for adjudication.IV. The criminal responsibilities of the unit joint offense In advance, the author talks about whether the unit can be organizers, abettors or accessories in the unit joint offense. Then the author analyses how the units and their employees bear criminal responsibilities. At last, this part discusses how they will bear legal liabilities when units and persons are complicit.