On The Establishment Of The Scope Of Crime Unit

Crime unit theory, in our country's 1979 criminal law , is not available. With the deepening of reform and opening-up, the phenomenon of unit crime is more and serious and more and In the wake of the theory of crime units regularly - the transition period - certainly after the three-phase, 97 Criminal Law Article 30,31 which formally established the first unit offense and also at sub-unit of the specific types of crime that have made provisions. Under the existing provisions of the Penal Code, limiting the scope is to set up unit crime, mainly related to the criminal law provisions in more than 100, a total of more than 120 charges on the order of socialist market economy, destroying the crime and nuisance crimes in the order of social administration, But for the traditional type of natural crime, it is generally believed that units crime should not be believed as a crime. Therefore, units of criminal acts or violations of social relations are very narrow. With the development of social unit or the ability of that person, it is not just limited to the economic sphere, and it has gradually penetrated into all aspects of social life, unit (corporate) is a wide variety of criminal means, which are natural Crime units that will affect the establishment of whether it is fit to expand the scope. Therefore, the article will be a natural person unit through crime analysis and discussion to illustrate the scope of the establishment of crime unit. The main thesis is divided into the following sections:The first part of the article is mainly about the origin of crime unit, in foreign countries, unit are constituted as crime because of the development of commodity economy, and a single person's activities have been difficult to meet the development needs of society; more and more groups began to emerge transactions, and transactions groups are independent of the personal property, and in the law known as the "fictitious person", as the existence of an independent personality. When capitalist society has entered a period of free capital monopoly, the proliferation of corporate crime begins to appear. In order to chase profits and monopoly over political monopoly Legal persons, the kind of situation begin to appear that the implementation of corporate fraud, official bribery, tax evasion and other criminal acts. Corporate crime is becoming increasingly serious, directly harming to the interests of all countries. As a result, the rulers begin to take a variety of means and measures to put an end the kind of crime. Of course, the use of harsher penalties is the most effective means. In China, corporate crime is a crime known as units, and our country has experienced unit crime to transition from negative to positive in 97 Criminal Code. The main theses are to introduce the second part of the scope of unit crime theory. To illustrate the problem, we must say what the crime unit firstly. In this paper, seven kinds of units regarding the definition of crime. I think the clear definition of the crime unit; we must make it clearly what are units. units, meaning it is not only legal, but also means that the person has a personality, of course, the character is fiction, therefore, unit criminal law should be the unit, unit is defined, refers to the criminal law has an independent personality in the social entities, are the corporate criminal law. To be the main criminal law on the crime, it must be both the capacity of a capacity, a capacity penalty. Therefore, the definition of crime unit should be: crime unit, the Criminal Code refers to an independent personality with society entities, in discharging the functions of the process units, unit name, the benefits for the implementation of the provisions of the Penal Code acts against society. To resolve the definition of the crime unit, after the introduction of domestic and foreign units in the scope of criminal theory, our country at home, says the opinion is a legal person is a product of modern social life, its existence and scope of activities confined mainly to the social and public life areas in this field only admit to a more reasonable unit crime. In addition, from the status quo of our social consciousness, the recognition of legal persons such as may constitute murder, wounding, robbery and other crimes; it is difficult for members of our society the concept of acceptance. Therefore, in our country, should be limited to the major corporate crime against the country's economic order, and activity of state organs, and social management of the criminal order. In foreign countries, the scope of the crime unit is limited to the provisions of the trend to expand. But for corporate crimes committed when a natural person, legal persons such as murder, theft, etc., are limited to business and corporate scope, and to legal persons to deal with crime.The third part of the thesis are the core of this thesis, both through the front part of the crime unit crime units definition and scope, the problem is derived from a unit set up the scope of the problem of crime, the essence of that unit if In addition to the provisions of the Criminal Code other than the crime unit crime units is a typical implementation of a natural person if the crime, that crime should be punished by a natural person or guilty of an offense in accordance with the unit. In judicial practice, the Supreme People's Court believes that the implementation of a natural unit of time of the offense, do not deal with as a crime. And the Supreme People's Procurator ate on judicial interpretation of such situations consider: For units of the natural crime, deal with natural crime. Because of judicial interpretation of the conflict, also makes this type of crime has been a bad deal conclusion.My unit through a case of theft committed units to lead to a natural person should be how to deal with crime. In my opinion, a natural person committed crime unit, from the characteristics of crime, the crime is the main body of the implementation units are units from the manifestation of the will, the name of the unit, unit for the implementation of the interests of crime, however, such units crime is a crime belong to the nature of a natural person. Is this type of crime should be criminalized units or individuals guilty of an offense, my opinion is: a natural person should be criminalized. The reasons are the following:First, units of natural persons are a criminal offense.Second, a natural person units are criminal offenses belong to a natural person, on the grounds that in the main body of our country's criminal law, crimes are divided into natural units of the main and the main crime, crime units of natural persons in relation to the main subject of crime is the subject of a special. In that case, the crime unit is a special law provides that the crime of natural law is the general rule. We know that in legal theory, the legal effect Level are: the same main legal provisions enacted special provisions take precedence over general provisions. Priority by the special provisions applicable to special provisions, no special provisions shall be punished according to the general. However, similar to natural units of the criminal type of crime, because there are no special provisions of the Criminal Code, and only the implementation of natural persons such as theft, murder, rape and other crimes of a general rule, and in fact this type of crime is also a natural person (directly responsible for staff) implemented, according to the legal effect of the application of the principle of natural persons should be implemented in accordance with the general provisions of such crime to be convicted, therefore, a natural person units are criminal offenses belong to a natural person, not a crime belong to units.Third, the Criminal Code clearly defines the scope of crime units, units outside the range of application of the provisions of crime is clearly contrary to the principle of legalityThe conclusion is: the establishment of units in the scope of crime should not blind expansion to the existing criminal law provisions, but only limited to the country against the economic order, state organs and social management of the criminal order.