Practical Problems And Theoretical Analysis On Unit Crime

The current Criminal Law in China as adopted in 1997, has legitimatized the unit crime, but this didn't over theoretical controversy, up to now, it still can't reach unified understanding about the related problem of unit crime, and this cause many judicial problems can't be resolved.From a concrete case, the article made a primary research on some basical problems about unit crime and the controversial problems of the concrete case from four aspects.In chapter one, the author discussed the theoretical controversy about the concept of unit crime first, and according the need of analyzing the case, I made a definition of the unit crime. It means the company, business enterprise, business unit, organization, group seek an illegal benefits for the unit, it decided by the unit or the representative and carried out by the employee of the unit.In chapter two, on the basis of concept of the unit crime and the research on some theoretical controversy, the author made an analysis on the being conditions of unit crime from the subject, subjective aspects, the object and objective aspects. Then the author made an analysis on the criminal problems of the company in the case.In chapter three, according to the need of analyzing the case, the author introduced the conditions of common crime of the unit from the subject, subjective aspects, objective aspects and the quantity of the crime. Then the author made an analysis on the common crime of unit in the case, the companies in the case constitute common crime.In chapter four, the author analyzed the criminal responsibility of the unit and the principle of undertaking the criminal responsibility in the unit crime. And the author also made a research on the being conditions of the supervisors who are directly responsible and the directly responsible personnel. Then the author analyzed the position and criminal responsibility of the company of Taihuaxing and Aierkai, Huang Lifang, Liu Lida and Chen Yan.In a word, for the purpose of analyzing the problems in the case, the article introduced the theory about the unit crime and then analyzed the controversial problems.