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On The Criminal Liability Of Chinese Unit Crime

Posted on:2009-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2166360245964359Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The Criminal Law of the People's Republic Of China amended in 1997 specially defines the Unit Crime ,however, it only provides the principle stipulation. In addition, the Theoretical Study of the Unit Crime is also lack of the depth and. So a series of problems about criminal liability of unit crime aren't resolved completely. improving the criminal liability of unit crime of theoretical study and criminal legislation has great significance for effectively curbing crime unit. This paper first researches the definitions and the Characteristics of the criminal liability, the unit crime and the criminal liability of unit crime. And then, this paper introduces and comments on the theories on the criminal liability of unit crime in the common law legal system and the civil law system, in order to use for reference. The paper also introduces and comments on the history and different theories of the criminal liability of unit crime in our country. On this basis, the author concludes that the unit has an independent personality, the unit crime has only one subject of crime and one constitution of crime, it's criminal liability is a entire liability. And the author inject the anticipated possibility into the crime liability of the nature person in the unit. Finally, the author bases on subjects of crimes, harmful act and subjective aspect of crimes to establish the scope of criminal liability of unit crime.
Keywords/Search Tags:crime liability, unit crime, criminal liability of unit crime, anticipated possibility
PDF Full Text Request
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