Study On Issues About Crimes Committed By The Unit

The unit crime just has one subject. The illegal interests that committed by the leaders and direct responsible persons of the unit belong to the crime unit, and presents the unit's crime-will. In the subjects of the unit crime, the enterprises and the company are the logic affiliations. The company is a form of the enterprise, so we can not take the them stand side by side in the same range .The state organ cannot be the subject of the unit crime on theory, for the state organ just stands for the will of the government. The will of the government and the crime unit is not the same. With the development of the economy, the phenomenon of government become crime unit will be remove or done away. The private enterprise which has the legal personality can be the crime unit, because it has the qualification of legal person. Whether the branch organs and departments can be the crime unit depends on the facts. If they have legal personality or criminal liability, they can be the crime units. Village committee possesses the qualification of the subject of such crimes. It can attend the economic activities independently, so it can be the crime unit. The range of the responsible person that belongs to the crime unit includes the legal representatives, the main responsible person of the unit, and other person who are in charge, and the responsible person of the department. The other direct responsible persons are who operate the crimes according to the order made by the organizations or directions of the main responsible person. At first, they should be the members of the crime units, the other is who have the direct crime intention and operate the crimes object by themselves objectively. The "dual-punishment" system response the comprehensive negation legally and inhibit the unit crime . In order to perfect legislation scientifically and improve the operability of criminal justice, it is significant to add and improve the criminal bankruptcy, criminal fine, and punishment against qualification. The lawmaker should supplement the provisions for the recidivist of unit crime because it happens frequently. Construct the recidivist system is necessary and probable. Unit recidivist means the unit bears the crime fine or limited term of imprisonment, and commits the same crime after legal term. The unit recidivist system should according to the common recidivist system., that should divide into normal recidivist and special recidivist system. The common recidivist has the time limit-five years, the punishment limit is effective judgment or finish the punishment. The special recidivist means the unit commit the drug crime again regardless the time limits.