On The Criminal Responsibility Of The Unit Crimes

With the establishment and development of the market economic, the unitcrimes become more and more serious. It is essential to confirm the unit crimes in thecriminal legislation. The 30th and 31st articles in general provisions of the CriminalLaw stipulate the unit crimes. They are also stipulated in particular in specificprovisions. However, as the result of the lackness of the deep and systematic researchon the theory of the unit crimes, there exists some defects in the criminal legislationand some confusions in the practice. What is the basis of the criminal responsibilityofthe unit crimes? How to realize the responsibility? How to deal with the exception ofthe resonsibility? These problems have been interrogating us in the academic circlesand practice circles. The paper bases on the integrality of unit crimes. It tries toresolve the present predicament in the theory and practice by the arrangement of thetheory on the criminal responsibility of the unit crimes. It is divided into threechapters.The first chapter refers to the basis of the criminal responsibility of the unitcrimes. The basis of the criminal responsibility of the unit crimes is the integrality ofthe unit crimes. This chapter mainly dicusses the integrality of the subject, the willand the act of unit crimes. It is designed to prove that the integrality character whichis the largest distinction between the unit crimes and the natural person crimes or jointcrimes is the basis and essential character of the unit crimes.The second chapter refers to the realization of the criminal responsibility ofthe unit crimes. Under the present system of the Criminal Law, the criminal responsibilityof the unit crimes is assumed bythe unit and the persons responsible forthe unit crimes. This chapter mainly explores the realization of the criminalresponsibility assumed by the unit and the persons responsible for the crime in theunit crimes. According to the comment on the methods of the realization of thecriminal responsibility of the unit crimes in present legislation and the system of thepunishment, it also puts forward the methods on how the criminal responsibilityshould be realize.The third chapter refers to the exception of the criminal responsibility of theunit crimes. The act committed by the unit can be determined as the unit crime onlywhen the specific provisions of Criminal Law stipulate it as the unit crimes. In a caseof non-unit crime committed by a unit, the unit can not assume the criminalresponsibility even though the act has the serious harm to the society. That is theexception of the criminal responsibility of the unit crimes. There exists disputeswhether the leaders of the unit or the person directly responsible for the crime shouldbe pursued for criminal responsibility. In this chapter, the author analyzes the presentconditions of the exception. It is considered that there are no theoretic and legal basisfor the pursuance for criminal responsibility of the persons responsible for the unitcrime. Therefore, the author finally provides a method to resolve the predicamentfrom the legislation.