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The Types Of Subject Of Unit Crime

Posted on:2010-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:S H ZhongFull Text:PDF
GTID:2166360278477417Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The most significant difference between unit crime and natural person crime is the subject of crime. At present, the Criminal Code listed the companies, enterprises, public institutions, ogans, organizations as the subject of unit crime, but because our country is in a market economy, the special transition period, various forms and the internal structure of various units are complex and diverse, legislation didn't stipulate what conditions the unit should have to become a criminal subject, and these five types were not scientific completely, it brought about controversies in criminal theory circle and difficulties in judicial identified. In view of this, the author analyzes some basic theoretical issues about the subject of unit crime sufficiently, and uses the comparative study of methods, looks into the legislation and justical practice of corporate crime type of the major countries in the world, researches into the conception and the composing conditions of the unit crime subject in China , particularly analyzes the type of the unit crime subject in depth. There are some defects and shortages of the type of unit crime subject in our country's prensent criminal provisions, therewith, the author proposes some thoughts and suggestions on legislation consummation, in order to solve some specific issues which the type of the unit crime subject defines, so to achieve the ultimate goals that improve the theory on type of unit crime subject further, solve the criminal judicial operation further.
Keywords/Search Tags:unit crime, subject of unit crime, identity standards of the subject of unit crime, legislation consummation
PDF Full Text Request
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