On The Subject Of Unit Crime

This thesis talks about the subject of unit crime. It explored the number of subjects in unit crime, the ways of bearing liabilities and the qualification of being a subject. It presents its opinion about the disagreements existing in the theory and practice.The first part of this thesis begins with the question of how many subjects there are in the unit crime. At the present theoretical field, there are three opinions: "Two subjects theory" which is represented by "Two subjects opinion", "Two tier system " and "Double subjects theory", "Single subject theory" which is represented by "Criminal joint responsibility" and "Compound subjects theory" which is represented by "Compound subjects theory". This thesis considers that there are some defects in these three opinions. "Two subjects theory" has some logical confusion on the relationship of the two subjects, on the complicity of units, on the explanation of the unilateral punishment system. And it has the possibility of violating the criminal fundamental principle, such as the principle of bearing responsibilities solely for one's own crime and the principle of everyone is equal in law, etc. "Signal subject theory ", which is based on civil joint and several liabilities, directly introduces the civil principle into the criminal field, does neither accord to the principle of bearing responsibilities solely for one's own crime, nor can answer the question of "how to take the joint and several liabilities ". It also has the problem of misusing the conception. Though "compound subjects theory" notices the defects which are existing in the "Two subjects theory", its opinion that the unit should be divided into two parts in measurement of penalty is designed evidently to support "Bipartite Punishment System". On the basis of analyzing the "Bipartite punishment system", this part demonstrates the essence of the "bipartite punishment system". It presents the "sole subject theory" which means there are only one crime, a criminal subject, a punished subject and two (or more) objects held criminal penalty in the unit crimes, and further makes a demonstration of this opinion on its explanatory function, legislative values and judicial values.The second part demonstrates the condition of the capacity as a subject of unit crime according to the criminal responsibility. There are some disagreements in the theoretical field about the capacity of subjects, as the extent of subject in the criminal law is too large. Considering from the angle of civil subject, subject of procedure or from the angle of statistics, the conception of unit is almost transplanted from other branch law. It doesn't reflect the exact connotation of the unit in criminal law, so that to leading to many disputes in the judicial action. From the cognition and control capability, this part demonstrates only the unit which establishes in accordance with the law, exists legally, has its own policy-making organization and the ability of policy-making on its own and has its independent benefit, can have the criminal responsibility and have the capacity of the subject of unit crime. It also demonstrates that having independent property and funds or not only confirms the inferior condition of having independent benefit of unit or not, whether independently bearing civil responsibility or not hardly affect the capacity of independently bearing criminal responsibility. So, that isn't the essential condition of having the subject capacity of unit crime or not. Then, according to all these elements, this thesis also makes a positive analysis about a conflicting question whether partnership enterprise has the capacity of subjects of unit crime or not. The third part the ways that the subjects of unit crime bear the criminal liabilities, and rethinks the phenomenon that unilateral punishment system and bipartite punishment system exists together in the criminal law. It demonstrates that large augment in legislation do not give rise to constitutionality. We should increase the legislatio...