Researches On The Subject Qualification Of Unit Crime

Since the beginning of reform and opening up, unit crime in China has been increasing and it causes grave damage to the society. In view of this, the existing criminal law changes attitude of the Legislation to unit crime. unit crime is fuiiy developed through the combination of General Principles and sub-standard Principles. The subject of Unit crime is another one ,compared to natural person. When unit crime cases are dealed with, it is imprtant that it is unit or not .However, the subject of Unit crime is listed in the form of the objective existence of the unit. the legal meaning of unit is not interpreted, standards of becomeing the subject of Unit crime are not clearly defined.So it is not only a theoretical issues but also a practical issues that what units are the subject of unit crime. Based on this, the subject of unit crime was discussed from the following four aspects in this paper.The first section sets out the elements of the subject of unit crime. The subjiect qualification of unit crime is the main conditions that unit become the subject of unit crime. I think that the qualification elements of the subject of unit crime include Substantial and formal part. Some crimes in crimal law must have some special elements .The second part discusses the range of unit about unit crime. I discuss the conditions that companies, enterprises, institutions, organizations, groups become the subject of unit crime and define the scope of unit crime.The third part analyses the structure of subject qualification about unit crime .About the discussion between "One subject theory" and "Double subject theory", I think natural person is an indispensable part but not an independent one in unit crime according to the elements of the subject of unit crime. That atural person is punished embodys the ruler utilitarianism in the unit crime .The forth part clarifies the condition about that the qualification of being a subjectflats are negated by justice . Some people achieve the criminal purpose and evade legal penalties through breaking law in the name of the unit , setting up a company for the purpose of crime, embezzling illegal income . Undoubtedly it is contrary to the mind that unit crime is firstly set up If this kind of crime be consided as unit crime.So we shoud negate the qualification of criminal subject and let these people of manipulating crime bear criminal responsibility in order achieve to fair and just value target in the criminal law.