Research On Hard Problems Of Unit Crime

Our country in the criminal law comprehensively acknowledged and has stipulated unit crime in 1997. But, as a result of insufficiency of the basic theory preparation, and a variety of other reasons to rush the legislation, since the implementation of the existing criminal law, the unit crime stipulated in the general provisions and the minute rules in the Criminal Code has caused many arguments among academic circles and solid service, also appeared many deviations and faults in the law enforcement and judicial process. In a certain extent, they all slacken the authority, the stability and the actual effect as the basic statute book of the criminal law. Although from the beginning of 1980s, specially in 1987 after the Standing Committee of the National People's Congress in "People's Republic of China Customs Law" for the first time stipulated the unit crime, the fundamental research and judicial practice of the unit crime has made considerable progress in our country, the academic circles of the criminal law setting up the basic framework for theoretical study, the practical sides trying some criminal cases of the unit crime, however, a quite perfect theory system of the unit crime has not yet been established, people of different interpretations of the legislation to the unit crime still exists. In this circumstance, the research of the different issues of the unit crime, as the basis of work constructing a theoretical system, is undoubtedly important theoretical significance. To the legislative, executive and judicial of the unit crime, also has the great practical significance.Under the guidance of dialectical and historical materialism, standing the standpoint of standard criminal law, this article carried on the discussion of main body, sin, shape as well as consummation of legislation of unit crime stipulated in the 1997 criminal law, and utilizing the general approach of applying theory to reality, combining the study methods of logic analysis, comparative analysis, historical analysis, empirical research and explanation of the law, thoroughly analyzed some hard problems of the unit crime which in the basic theoretical and applied research met, proposed some new opinions, and has solved some actual problems.In the structure arrangements, in addition to the introduction and the concluding remark, this article altogether divides four chapters, each chapter has two parts, and under each part is the concrete content. Separately narrates as follows presently:First, main body of the unit crime. In this chapter, we discusses main body and legal responsibility of the unit crime, specifically elaborated in unit's main body structure and the hard problems identified units in practice, including the internal organs and the affiliated units, the constructing unit, the end unit and the change unit, the village (neighborhood) committee and the villagers group. Thought the binary causes of crime and legal responsibility theory is the theoretical basis of dual punishment system, pointed out the name of the dual punishment system is unscientific and its origin, advocated the dual punishment system renames the dual criminal system, the sole punishment system renames single criminal system.Second, sin of the unit crime. This chapter discusses two kinds of sin forms: the deliberate and criminal negligence of the unit crime. The unit crime will have the characteristic which three is in sole possession of: integrity, procedural nature and ambiguity; Unit's integrity had decided the unit crime will's integrity; the procedural nature is form characteristic of the unit crime will. The decision of crime to the interests of unit in purview of ordinary personnel or staff is not one kind of form which the unit crime will form. Improve unit crime will's realized mechanism and the direct responsibility personnel's concrete type of sin. The criminal law educational world is inconsistent to charges of the criminal negligence; in 1997 criminal law 138th and 139th all had the possibility to constitute the criminal negligence; the criminal negligence including too self-confident negligence and careless negligence.Third, morphology of the unit crime. This chapter discusses the unit common crime and the unit crime stops. Specifically has discussed the unit common crime's concept and basic characteristics. The unit intentionally crime is not one kind of form of the common crime; the unit members in order to own and unit's benefit implementing crime should be recognized for the unit intentionally crime; the unit cannot constitute an accomplice in the crime of bribery or accepting bribes; the natural person can constitute an accomplice under certain conditions in the unit crime of bribery or accepting bribes. The unit crime has unfinished form; the unit decision-making behavior is not the objective elements of unit intentionally crime. Between the unit and the direct responsibility personnel, has formed a new understanding which stops to the crime.Fourth, the legislative perfect of the unit crime. In this chapter, we discusses legislation perfect question of the unit crime which the general rule and the minute stipulated in 1997 criminal law. The suggestion stipulates the definition of the unit crime in the general rule of the criminal law; Retention institution's subject of crime status, but must strictly define the scope of organs and institutions and types of institution's crime. Pointed out the solution to solve the plight of unit fine punishment, is, the special penalty system of the unit crime installed in the general rule of the criminal law, coordinating with other family rules and regulations and parallel with penalty system of the natural person's crime. Were recommended by additional provisions in the criminal law minute, the legislation of the unit behavior of theft; improving the legislative approach of the criminal responsibility undertaken by the direct responsibility personnel in the minute of criminal law.