The Foundation Of Criminal Liability Of The Unit Crime

When we are making a study of the unit crime, it is unavoidable to study the foundation of criminal liability of the unit crime when we are making a study of the unit crime, which is also a basic question. The study of the foundation of criminal liability of the unit crime attempts to investigate the legitimacy of punishment of the unit crime in the traditional theories of criminal law, which is based on the natural persons and their act.In the traditional theories of criminal law, the ethical condemnation to the subject of the crime of natural persons is embodied in the principles such as Personal-responsibility, Self-abidance principle, and Ability of responsibility .A unit , the result of the continuous development of commodity economy, is composed of individuals, and its main structure is quite different from a natural person. Accordingly, the unit crime has the particularity different from the natural crime. It is necessary for us to give an elaborate analysis of the special structure of a unit, from the forming of guilty knowledge to the way of act of crime. Only in this way can we draw a correct conclusion. To make the criminal responsibility of the unit crime unified in the traditional criminal law theory system, the unit crime should be considered the same ordinary crime types as the crime of natural person.The article is about 30000words,divided into four sections.The first chapter is on the mode of the theoretical studies of the foundation of criminal liability of the unit crime. In this section the writer discusses the mode of the theoretical studies of the legitimacy of the punishment of the unit crime at home and abroad. The mode of the theoretical studies of the legitimacy of the punishment of the unit crime abroad has two ways of the statutory offense and the criminal offense. The statutory offense .Both is different in essence. The way of the statutory offense denies the capability of the unit crime, while the way of the criminal offense confirms it. The author endorses this viewpoint because it is loyal to the reality of the unit crime, which can be easily blended into the framework of the existing theory of the criminal law. In China, demonstrates the legitimacy of the punishment of the unit crime from the angle of either theoretical basis, the realistic basis and legal basis or substantiation and offence foundation.The second chapter discusses the he legitimacy of the punishment of the unit crime. In this part the writer gives an introduction of several theories of determinative principles abroad such as vicarious liability. Also some comments are given .In essence hey either denies the capability of the unit crime, or gives direct and indirect affirmation of the capability of the unit crime. On the unit crime imputation theory in China, the author expounds on several representative views as personified social responsibility system and organization of criminal responsibility, pointing out the pros and cons of the theories in explaining the of Legitimacy of the punishment of the unit crime punishment.The third chapter is the emphasis of the whole thesis, demonstrating the foundation of criminal liability of the unit crime. On the basis of the essentialism of the legal person, the writer illustrates the capability of the unit crime from the internal structure of the legal person. The writer holds that the capability of the unit crime is composed of three elements, including the organization duty of the unit, the unit system and members of the unit. The organization duty of the Unit is the legal basis of the unit criminal liability.The Unit system allocates the organization obligation of the unit among members of the unit according to certain rules of procedure, to ensure the normal legal operation of the unit activities. Members of the unit are the basis of forming the wills of the unit activities and putting hem into practice. The three interact to perform the unit activities smoothly. The act of the unit whether the intentions of the unit crime and decision, or the fulfillment of the intentions of the unit crime, is finally completed by the members of the unit, the decisive factor, doing their own duties in accordance with the procedure to realize the activities, and proves the crime units have their own independent ability of unit criminal responsibility, which is the foundation of criminal liability of the unit crime.The last chapter demonstrates the foundation of criminal liability of the unit crime. Firstly, that both the unit and the members of the unit should take the legal responsibility does not violate the self-abidance principle, which is different from the criminal liability of natural persons, and then discussions should be given on the limitation of the members in the unit who should take the Criminal responsibility. After the definition of the person(s)-in-charge who are directly responsible and other persons directly responsible. The writer illustrates the foundation of criminal liability of the unit crime.