Study On The Subject Of Unit Crime

Unit Crime scarcely had happened for as long as tens of years since Planned Economy was carried on after the Republic of China was founded. However Unit Crime has been showing the trend of spreading to many aspects of the society, especially with the issue that Unit always attends economic crime being more and more serious. The phenomenon that Unit, the most active body in the market joins economic crime does certainly do considerable harm to the society and attaches the adverse affect on the order of economy and social life. As a response to that, in "The Criminal Law of Republic of China" carried on Oct.1st, 1997, there's a special part on Unit Crime, which makes a confirmation to the existence of Unit Crime through legislative action.The current Criminal Law changes the negative attitude on the existence of Unit Crime in original Criminal Law and makes all-round regulations on the issue of Unit Crime by combining Principle part with Ideal part, which leads to a stop for theoretical arguments. But the specialty of Unit Crime, the complication of current Unit manage system and great difference among inner branches of Unit impossibly make complete ending of arguments on the issue of "the subject of Unit Crime" in criminal theory. Furthermore, the term and condition on "the subject of Unit Crime" in the current Criminal Law seems less operative and too general to make a judge, which undoubtedly results the difficulty in judge in judicial practice, that is to say, Judges find it no specific law to abide by to make a correct judge for a unit is the subject of Unit Crime or not. Therefore it is indeed of great necessity and importance to make deep and concrete study on the subject of Unit Crime.The subject of Unit Crime, as another Crime body relative to individual person, is a key point to judge the commit of Unit Crime. So at the beginning of the paper, the writer takes the picture of how the "the subject of Unit Crime", then at the base of the point that the subject of Unit Crime is and only is "Unit", the write makes a deep study, coming up with some new assents organizing the subject of Unit Crime, making personal definition to Unit and conclusion on specialty of Unit, lining concrete range of the subject of Unit Crime and last pointing to some weakness on current Criminal Law and give some suggestions to improve.Chapter One makes a whole picture of the appearance of the Subject of Unit Crime, showing the changes of attitude on the subject of Unit Crime in both theoretical and legislative fields from the founding of China and the publication of the current Criminal Law, that is to say "No-wondering-Yes" these three phases. Chapter Two focuses on the structure of the Subject of Unit Crime &the assents constructing the Subject of Unit Crime. After listing different opinions among scholar in theory, the write put up with her understanding that is Unit is and only is the Subject of Unit Crime, not including individual at all. Meanwhile as regards to the reason why individual shall be punished criminally in Unit Crime since that it isn't the subject of Crime, the write shows her reason from both theoretically and practically. Apart from that ,the writer puts emphasis on In the manner of "absorbing some while giving up some", the write makes introduction of the constructive assents of individual as a base, then selects some among them which are fit for Unit and last puts up with her own theory .In her opinion, the first and key assent is "complete legal caput", and so make concrete analyses on what includes in it. In Chapter Three, the writer tries to make a definition to Unit, the subject of Unit Crime, basing on the above analyses on organizing assents of the subject of Unit Crime. And then the writer makes a conclusion on the specialty of Unit in order to make its meaning and range clear. Chapter Four pays attention on the judge of the subject of Unit Crime in judicial practice. Basing on the analyses and understanding on the nature/innate characters of the subject of Unit Crime,...