The Study Of The Subject Of Crimes Committed By A Unit

An organized unit could not become the subject of crime in a very long historical period. As time goes by, it has been accepted by all people nowadays that a unit should take its criminal responsibility for its crime. As a result of this, the criminal law has transformed from unitary subject to dual subjects which are a natural person and a unit. The theory of the criminal law therefore needs reconstruction.The author introduces briefly in the first part about Chinese and foreign historic courses of the legislation regarding the subject of crime committed by a unit, in the meantime, the author also makes a summary of the rules and the characteristics of criminal responsibility of the unit crime.In the second part, the writer emphatically elaborates the academic basis of the subject of a unit crime. The unit crime particularity displays in the subject of crime, the unit is a special social entity which differs widely with a natural person. The legal person realism definitely has laid the theoretic basis for cognizing that a unit can be a kind of subject of crime.In the third part, the author points out our legislative problems of unit crime by making comparison with foreign scope of the subject of unit crime. Our legislative problems are insufficiency from theoretic guides and superficialness on legislation. The writer puts forward the standard for confirming the capacity of the subject of unit crime through analyzing the characteristic of the subject of crime.In the fourth part, the writer tells us the standard for determinating the scope of the subject of unit crime from positive and negative aspects in order to discriminate crimes committed a unit or a natural person respectively, furthermore, the writer still thinks that some kind of crimes with the characteristics of crimes committed by units are not unit crimes rather than crimes committed by natural persons.The writer proposes the conceptive ideas on legislation of the subject of unit crime in the fifth part.The author attempts to summary the developmental rules of the crimes made by a unit from the historical angle of view so as to provide an idea for academic development on unit crime. More important, we hope this article can provide a model or offer a method for correct discrimination of the natural person crimes and unit crimes in the present legislative frame. At last, through comment on the legal capacity of one-person company, we have to realize that the criminal law is facing the challenge of new emerging economic entity for the sake of legalization of one-person company in our country.