A Study On The Unit Joint Crime

As the criminal law revised in 1997 provides how to deal with crime committed by a unit, it has raised some new problems for the theory and legislation of the unit crime, one of which is the unit joint crime. A unit can be the subject of joint crime, which has been recognized both in theory and in practice. But the general provisions of the criminal law didn't provide the unit joint crime, and scholars of the criminal law didn't give enough attention to it. In fact, unit joint crime is an essential part of unit crimes and joint crime. This type of crime frequently occurs. This essay on the basis of achievements got in this field will analyze how to determine it and how to sentence it, in order to contribute to the consummation of its theory and operation to establish a legal system about it that complies with basic principles of criminal law and is coordinated with theoretic system on joint crime by natural persons.This 30,000—word thesis includes 3 chapters, general introduction about unit joint crime, the composing conditions of unit joint crime, the determination and the sentencing of joint crime by units and natural persons.Chapter one generally introduces unit joint crime. Due to the lack of explicit provisions about it in Chinese Criminal Law, firstly, I will explain whether a unit can commit joint crime and present 3 reasons to confirm that a unit can be the subject of joint crime. Secondly, because the unit is a particular subject of the crime, I will compare unit joint crime and other approximate concepts to establish the concept of such crime and its manifestations. Chapter two illustrates the composing conditions of joint crime by units. That needs further review, due to structural and substantive discrepancies between unit joint crime and joint crime by natural persons and the specialty of the unit as a subject of crime. The chapter discusses the subject, the subjective and the objective of such crime in detail. Particularly, the chapter puts an emphasis on the subject and the subjective of unit joint crime.Chapter three analyzes the determination and the sentencing of unit joint crime committed by units and natural persons. Where a unit joint crime is committed by units, the determination and sentencing of it have no problem due to the type of the joint subjects are the same. However, a unit crime committed by units and natural persons has a more complicated situation. Therefore, this chapter put emphasis on how to determine guilt and weigh the penalty of such joint crime.