Criminal Responsibility And Punishment Of Unit Crime

Although our criminal law stipulates the unit crime, however, it only provides the principle stipulation. As to the theories arising from the judicial practice, further research is urgently needed. As a judicial officer, I have given certain consideration to relevant problems when handling the cases of unit crime. Based on these judicial responsibility, this essay researches the problem of scope of unit crime, characteristics of unit crime, subjective fault of unit, and the determination of unit crime. Then on the basis of these problems, further researches are directed towards joint offence of unit crime, confession of unit crime and recidivism. When unit's act harms social interest without any legal stipulation, should leader of the unit be called to hold the criminal responsibility? As to this contentious problem in the judicial circles, the essay provides theoretical foundation that no criminal responsibility of the unit leader should be taken. In the end, this essay probes into the theoretical foundation of double punishment of unit crime and the unreasonable penalty of unit in present criminal law and proposes the reconstruction of the system of unit crime to improve and perfect the legislation of unit crime.