On The Subject Of Unite Crime

The unite crime is brought up by the development of the commodity economy and the market economy. Although the 30th article of Chinese Criminal Law stipulates: "The companies, the enterprises, the institutions, the state organ and the groups of the society who against the acts of criminal law ,should be held criminally responsible". The criminal law theorists have debated unceasingly about the subject of the unite crime and the scope of the subject of the unite crime.The unite is an organization which has the independent personallity and the criminal responsibility. The independent personality is incarnated three aspects : the relatively independent will, the relatively independent capacity,the relatively independent property.It has very important significance to summed up the characterise of the unite.On one hand it is a genernal cognition to the companies, enterprises, institutions, state organ and the groups of the society,on the other handit is also the foundation and the prerequisite to each body.Although the Chinese Criminal Law stipulates the subject of the unite crime including the companies, the enterprises, the institutions, the state organ and the groups of the society,some special units ,such as one-person companies, the Partnership enterprise, the Sole-source investment enterprise ,which can become the subject of the unite crime, should be judged by the unite's characteristics. In real life there are some special organizations,such as the unite which is being prepared, the residents' committee, the village committee.Are they the unite in the criminal law? Can they become the subject of the unite crime? It should be judged by whether they have the characteristic of the unite,not by whether they are the legal entity.