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A Study On Crimes Committed By A Unit

Posted on:2005-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ChenFull Text:PDF
GTID:2156360125956711Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crimes committed by a unit has so far been profoundly and comprehensively discussed by scholars in this field, and it need to be solve in practice. This dissertation intends to put forward the character of crimes committed by a unit, and based on a systematic research the author is meant to set forth some advice in the theory of crimes committed by a unit.Part one: the brief introduction is made about some conflicting opinions on the definition of crimes committed by a unit and about several modifications of provision involving crimes committed by a unit in the criminal law, and the author puts forward to her own points.Part two: the constitutive requirements and criminal responsibility and penalty for crimes committed by unit. This part gives a general introduction of the subject of crimes, objective information and mens-rea of guilty of failure in duty. And the author argues that the group responsibility for a crimes committed by a unit is quite different from the individual responsibility for individual crime. The author further points out the shortcomings m the penalties for crimes committed by a unit in China and the measures to overcome them.Part three: the relation between crimes committed by a unit and joint crimes. It is argued that crimes committed by a unit and joint crimes are independent of each other and there is no overlap between them. As independent criminal subjects, however, unit could commit joint crimes, with other unit or individuals.Part four: the improvement of legislation. On the basis of a detailed analysis of the mode of legislation in some western countries, the writer in this part researches into some features in Chinese law-making and offers her ideas as to the improvement of the present legislation on the crimes committed by unit.
Keywords/Search Tags:crimes committed by a unit, joint crimes, constructive features, legislative perfection
PDF Full Text Request
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