A Study Of The Subject Of Unit Crime

That the unit becomes the crime subject is the international trend of criminal law in the world, which has the deep theoretical foundations. Recently, the criminal law circles of our country have researched into the issues related to the subject of unit crime, but no consensus has been reached. This thesis attempts to explore the concept, characteristics, structure and criminal responsibility of the subject of unit crime systematically and completely. Apart from the introduction and the conclusion, this thesis consists of five chapters: the skeleton of the unit crime subject flux and its system effect, the concept and characteristics of the unit crime subject, the structure of the unit crime subject, the essentials and scope of the unit crime subject and the criminal responsibility of the unit crime subject.Chapter One mainly discusses the establishment and development process of the artificial person crime subject in the two major law systems. It also offers a detailed introduction of the establishment and development of our country's unit crime subject, which helps to prove that the unit being the crime subject has become the historical trend.Chapter Two aims to introduce the concept and characteristics of the unit crime subject. The thesis holds that the unite crime subject is only the unit and not including the natural person responsible for the criminal responsibility in the unit, which is featured by legitimacy and criminal responsibility capability.Chapter Three studies the structure of the unit crime subject, rearranges its external form and analyzes the internal compound relationship between the unit and the natural person and that between the different natural persons within the unit.Chapter Four holds that the essentials of the unit crime subject are the unity of the essentials of the unit crime subject and the essentials of the natural person in the unit and that the essentials of the unit crime subject should posses the complete legal personality. Based on this point, the thesis readjusts the scope of our country's unit crime subject.Chapter Five makes it clear that by nature the criminal responsibility of unit crime is compound responsibilities. After reviewing the implementation methods of the criminal responsibility of unit crime subject at home and abroad, the author attempts to offer some constructive suggestions on improving the criminal responsibility system our country's unit crime.