The Research Of Subject Qualification About Unit Crime

Since the establishment of unit crime in China's criminal law, academics have been arguing unit crime all the time. Especially how to determine the unit crime subject qualification and how to define the scope of unit crime subject are particularly in intense debate. Although our country's criminal law provide the unit crime, and enumerate five kinds of unit crimes, but there still exist many defects, such as no clear concept of unit subject and confirmation standards for such unit crime and so on, Because of the lack of subject theory in unit crime, it is hard to guide legislative and judicial practice for the theory of criminal law, and in judicial practice, we face the problems that is if unit crime subject qualification can be confirmed or not. From the combination of theory and practice, and on the basis of provisions about unit crime in the current criminal law, This paper pay attention to he existing problems about unit crime subject qualification in judicial practice, in order to rationally explain the unit crime in the current criminal law and guide judicial practice.Besidese introduction, the thesis is divided into three parts:The first part is the concept of unit crime and the confirmation of subject qualification. Based on analyzing the concept of the unit crime, the thesis expounds the form conditions, substantive conditions and legal conditions unit crime subject requires, in order to prepare for the next solving of practical problems.The second part is about the present legislation situation and research in the subject of unit crime. Through the reaearch of subject of unit crime in legislation, thesis find unit crime subject from the legislation level, and pointed out the existing problems in legislation of unit crime subject.The third part is about the controversial problems about unit crime subject in theoretical and practical scope. This part, with related cases, using the concept of unit crime and according to the current laws studies some knotty problem about unit crime subject in the judicial practice, such as:the question of judicial cognizance about "nature humanization" in the unit crime, the cognizance of unit crime subject in unit branches and functional departments, crime subject qualification of "one company", the cognizance of crime subject qualification and so on. Through research the thesis analyzes the problems of the dispution and get the conclusion.