Study On Unit Criminality

The Criminal Law of the People's Republic Of China amended in 1997 clearly defines the Unit Criminality. And thus the country's theoretical circle into Unit Criminality enters a completely new area. The focus of this study has extended from whether a unit can be the subject of a crime and whether it can be punished to all aspects of Unit Criminality like its definition, characteristics, forms and punishments. This essay tells my systematic study in greater depth into Unit Criminality on the basis of past achievements, with a hope to contribute to the general theoretical study and law practices in relation to Unit Criminality.Chapter One Evolution of Unit CrimesIn this chapter, I look into the origin and developments of crimes by the legal person, and the general theories of western countries on the criminal liabilities of the legal person. My study points out that in a commodity economic society, the development of commodity economy will no doubt couple with the emergence and development of organizations as legal persons, in addition to the increase of crimes by legal persons. It has been a trend for all nations to make out laws to punish legal persons committing crimes. The Criminal Law of our country stipulates that Unit Crimes are also one of the results of a market economy.Chapter Two Concept and Characteristics of Unit CriminalityIn the first place, I put forth my own viewpoints after analyzing different definitions of the term Unit Criminality by specialists in the theoretical circle. In the second place, I explain in greater detail the different characteristics of Unit Criminality.Chapter Three Criminal Liabilities of Unit CrimesFirst, I study the theories of criminal liabilities in relation to Unit Crimes both home and abroad, on the basis of which I put forth my theoretical causes for criminal liabilities in Unit Crimes. And then I continue my study into two kinds of criminal liabilities onUnit Crimes: Single Punishment and Dual Punishment, from which I also raise my views.Chapter Four Suggestions on Improving LegislationWith reference to the shortcomings of our legislation on Unit Criminality, I put forward my opinions on various aspects like the concept of Unit Criminality, ( co-crimes, kinds of punishments and judgments, with a purpose to improving legislation in this regard.