Study Of The Subject Of Unit Crime

An organized unit becoming the subject of crime in theory is due to the groups of personality which was confirmed in the area of civil legislation.However,that is very difference between the two Law Department,this is why lots of countries do not confirmed in the field criminal law.It is historical development and the trend of the times that Unit should take its criminal responsibility for its crime.The theory of the criminal law about subject needs reconstruction,transforming from unitary subject to comp dual subjects who is a natural person and a unit.In the first part,the author briefly introduces several main theories about the unit criminal liability abroad and china.Based on the comprehensive comparison,the author believes personality of criminal liability is the most powerful.From view the personality of a unit as the basis of the unit criminal liability study,on one hand,it will be in favor of building an independent theoretical system of the subject of unit crime; on the other hand,it will provide strong theoretical support for clarifying the internal structure of the subject of unit crime,defining its scope,and building the punishment system.In the second part,the author holds unit ontology as research perspective,to analyze and clarify the internal structure of the subject of unit crime.Unit is to be the subject of criminal that derived primarily from unit has an independent and integral personality,and however,it could not exist if the unit has no person who is directly in charge.Soundness of the individual personality to a large extent determines the character of the soundness of the unit.Accordingly,it is very important to clarify the relations between the unit crime and its person who is directly in charge.In the third part,the author use meaning and the legal characteristics of the personality of a unit as a reference point,through analyzing and studying to define the subject of unit crime which is classic and controversial,in particular,carry out a further understanding of the criminal code about the person's company and the status of national institutions."Person's company" in the Civil and Commercial Law,although the main area of legal recognition of qualifications.State organs do not have the same unit because of the legal chara,as well as operations in the administration of justice and denied the non-feasibility of the main qualifications of their criminal cteristics of personality.In the fourth part,the author explores the punishment system of the subject of unit crime.Units of the penal system in our country there is crime Penalty imperfect,the question of torture and other kinds of single.The author suggests that the reform of the fine system,the system by an unlimited fine or penalty to the proportion of the general system of fines.From abroad through legal methods of criminal penalties,additional qualifications sentence,community service,retention and disclosure of adverse information to observe the penal system.A sound system of penalties need to diversify some of the penalty method in accordance with the internal logic of a combination of organic form with the main attached to each sentence,re-tie in the overall light imprisonment.Unit is different from the natural system of criminal penalties for criminal penalty system,to build an independent system of units has become a pressing criminal penalties.The last part,the author suggests that it is important to study the subject of unit crime,and point out that the value of this paper,calling perfect legislation with the subject of unit crime.