View On Several Issues Of Conviction And Penalty In A Unit Crime By The Rule Of Legal Economics

Legal economics is a rising course, with a short history of almost 40 years, which attempts to establish in legal field a new studying perspective based on the consideration of the maximization of social welfare and the balance of conflicting interests. At the same time, it tries to understand the nature of legal conduct and the rationality of applying penalty to misfeasors. Thus, it receives a global concern.The present writer has studied the lately development of the course of the legal economics and set up several own ideas, which are applied to a unit crime, as followed:1. the nature of strict liability analyzed by economics principle;2. the reanalysis of the rule whether a unit repeat offender need to be severely punished by the rule of anticipatory penalty;3. the feasibility to apply penalty to "other relevant persons liable " in a unit crime by the rule of risk distribution;4. the reanalysis of the rule whether a natural person can be sentenced to death penalty in a unit criminal case according to the deterrence hypothesis;5. the reanalysis in the view from economics of the double-penalty system in a unit crime by the rule of effectiveness, and the rationality of applying liberty-penalty to a judiciary party;6. the punishing rule applied to the co-crime of natural person and judicial party by the rule of local balance.The present paper is consisted of three parts, namely the nature of legal economics, the economics of conviction in a unit crime, the economics of penalty in a unit crime. It contains about 30,000 words, including 500 words or so for footnotes, and 8 charts attached:The 1st Part states that, the nature of legal economics-one integrated mass ofefficiency and justice-is the theoretical basis of the paper. This part roughlyintroduces the respective principles of law and economics (that is, the principle of justice in law and the principle of efficiency in economics), analyzes the process in which the two courses come into a fusion because the study of the two course are in the same way purposed to seek the rationality of the distribution of social resource, and discloses the inevitability of the cross course of legal economics. Then followed, it introduces three principles of legal economics and different perspectives between legal economics and pure law in the analysis of legal principles.The 2nd part will show several issues about conviction in a unit crime analyzed with the help of the rule of legal economics. The first issue is whether the strict liability can be applied to a no-crime-intention unit crime case according to the rule of balance, and how to "pierce the corporate veil" after the modification of juridical party and run the liability of shareholder directors. The second issue is to analyze the decision-making psychology of a unit crime by the rule of anticipatory penalty; further, the present writer considers that negligence is also an element of subjectiveness in unit repeat offender, and that reposting presidents of a juridical party are liable to cumulative offense of the unit. The third issue is to analyze the liability of "other relevant persons liable" in a unit crime by the rule of risk distribution.The third part is to analyze several issues of penalty in unit crime by the rule of economics, such as: the issue of death penalty in a unit criminal case by the deterrence hypothesis, economic nature of the double-penalty system in unit criminal by the rule of effectiveness, and the reasonability of applying penalty natural person in the co-crime of natural person and judicial party by the rule of local balance.