Research On The Criminal Responsibility Of The Members In Unit Crime

To unit crime punishment, the Penalty Code adopts the principle of"double-punishment", which punishes the acting persons as well unit itself to be main method. At the same time, the Code also stipulates the principle of"single-punishment", which only punishes the persons who act the crime. So, it can be found out that the persons who have acted the unit crime should be responsible for unit crime. According to the specific provisions, in most conditions, unit members should bear the same responsibility as common personal crime, thus puts the unit members into the same position as personal subject. But in unit crime, the intention, the acts, as well the benefits, belong to unit itself, unit members just be components of the unit, the criminal responsibility of the members is much different from the common personal crime. The stipulations of the code is not harmonious to the criminal theory, it needs further research.The main content of this thesis lies in: Research on the ground of criminal responsibility of unit members; Comments on the stipulations of the responsibility of unit members described by the penalty code; Suggestion to amend the stipulation of responsibility of unit members. Aimed at the article's integrity, this article also reviews the scope of members who should be responsible for unit crime. The basic ideas of this article are: The ground on the responsibility of unit members should be found in two aspects, firstly, to prevent unit crime, secondly the members having their own mens rea; The responsibility of the unit members is lighter than common personal crime; In some aspects, the specific stipulations of the responsibility of unit members described by the penalty code are lack of justness , because characteristics of being lighter than common personal crime has not been reflected. This thesis includes five chapters.Chapterâ… Scope of the Persons Who should Be Responsible for Unit Crime.In this chapter, the author discusses the way to find out the persons who should be responsible for unit crime. Also, relations between the persons have been discussed.Chapterâ…¡Ground of Criminal Responsibility of Unit Members.In this chapter, firstly, the author comments the current ideas on the ground of the responsibility of unit members; Secondly, the author presents the idea of co-existence of utility and ethics to the responsibility of unit members; Thirdly, the author presents the idea which believes the responsibility of unit member is lighter than common personal crime.Chapterâ…¢Stipulations on Responsibility of Unit Members in The Penalty Code.In this chapter, the author narrates the specific stipulations of the responsibility of unit members described by the Penalty Code, which includes modes, the penalty methods, and the criteria of crime.Chapterâ…£Comments on the Stipulations.In this chapter, the author comments the specific stipulations of the responsibility of unit members described by the penalty code, and points out the disadvantages of the current stipulations.Chapterâ…¤Conclusion-Improvement on the stipulations of criminal responsibility of unit members.In this chapter, according to the above four chapters, the author presents suggestions to amend the stipulations of responsibility of unit members.