Concerning The Establishment Of Joint Crime Unit Of Scope

The first part describes a bribery case, small presented on this unit crime and joint crime between these two basic criminal justice system there are some conflicts and contact, and then put forward this core problem unit joint crime problem. The author borrow a graph showing the existing units around unit and specific problems, the first is a joint crime is unit interior existing joint crime problem; the second is the common crime unit external existence. The author believes that, the main body of crime and crime shall follow the double perspective research unit form joint crime problem, and expounds the research, namely the basis and premise unit criminal responsibility basis.The second part mainly discuss unit interior existing joint crime problem. The theory of criminal law generally considered, unit interior with members of the dual main identity of natural person and unit members that double feature. In view of this, the unit with its natural internal members with their subordinate units identity can be a joint crime, and the problem lies in how to judge its independent of unit of natural person identity. The author thinks that, not only from crime benefit attribution, crime attribute and crime will Angle to judgments, and should be constructed units combine internal personnel "independence" the judgment standard, namely "crime will = crime interest ownership + crime nature" judgment standard. As for crime interests include objective crime belong to who income and subjective interest intended to profit, for whom crime properties are including business behavior and individual behavior, and through the different combination of these two forms of reverse deduced the specific crime will act, namely unit will or individual will. The author thinks that, crime will is judge unit members "independence" standards, but must pass criminal interest ownership and various combinations of criminal behavior nature derived form to judge actor specific crime subject identity. Despite the legal representative has a special unit of the subject status, but still can't completely remove its natural person's identity, and therefore still has their units a joint crime possible. As for how to determine its identity, can consult units generally members "independence" judgment standard. One company's case, the legal representative identity exist sometimes competition, based on the qualitative crime constitution specific treatment. As for the unit interior component departments or agencies, which does not have criminal responsibility ability, thus not criminal subjects, not with the unit a joint crime?The third part mainly discusses the common crime unit external existence. In this part of the unit, the author interpreted unit crime legal characteristics again and demonstrates the toleration of joint crime. The author believes that, the legislation on the unit of criminal responsibility, limited within the scope of complete lies in deciding what legislation on relative to the natural person that has different, unit of criminal responsibility. Moreover, have first natural crime, crime, the unit after the unit of criminal responsibility is for the criminal law after entering, not a very good make combined with natural persons related system, but it did not deny units and natural extent and a certain range of criminal responsibility have the same. So, in theory we should affirm unit in some pure natural ability, the criminal liability crime from making unit can constitute a purely natural crime accomplice. From a joint crime theory point, that is the essence of joint crime, intentional accomplice and common crime is engaged in solving crimes, so unit is ideology, should the subject level can become pure natural joint crime subject of crime. The general theory of criminal law in a joint crime that, within the scope of the crime without identity admitted subject qualification is mainly to solve their criminal responsibility, can do better balanced and punishment of crimes. The purpose of legislation can be also reference in a joint crime, namely within with pure natural admitted unit crime subject qualification also does not exist in theory of obstacles. Similarly knowable, natural person also can become pure unit crime accomplice; the special unit also can become the special unit crime accomplice. Although the agent has its authorized unit, but after all, not the company staff, have stronger independence, the unit and joint crime can constitute the agent. The branch has a basic legal person for not subject qualification and cannot constitute a joint crime with corporation, the subsidiary for has an independent legal subject qualification with parent a joint crime can be.The fourth part is summary, mainly explains the core ideas and problems and writing logic, the structure.