Theory On The Negation Of Chinese Unit Crime

The codification of unit crime does not end on the controversy about the basic theory of unit crime. The theory of unit crime considers that unit have an independent crime will, have the ability to become independent crime subject of the crime. Others certainly argue that criminal responsibility should be no ethical position in the exclusive, should introduce the theory of social responsibility to provide a theoretical basis for the punishment of unit crime. Those who deny crimes committed by units say that a unit does not have the criminal will so that they deny the crime capability of units, consider the unit will only have meaning when it exists at the field of civil law. The crime was implemented by its members who are natural persons of individual behavior under crime will of themselves. The author believes that Chinese scholars have a misunderstanding on the theory of unit crime abroad, that makes natural persons and groups be against each other, and both the person who assent the theory of one or two subjects still failed to correctly understand the construction of criminal units, make the theory and practice of unit crime be in trouble.Accordingly, This article's entry point is the dispute of positive or as a starting point, through the theoretical study and comparative analysis specification to make some useful exploration in order to achieve a correct understanding of the illegal acts of units, so that to improve the unit's legal regulation and provide the scientific basis for judicial activities.The article consists of four chapters, the first chapter Proposes the question. The dispute between the two sides and the development of the theory of crime unit are the starting point, it pointed out that the various problems theory of Unit Crime combined with case, to lay the foundation for the study。The second chapter is" unit does not have the criminal will", First of all, it summed up the domestic and foreign scholars'understanding on criminal will of unit. Then, to illustrate the formation mechanisms of independent will of Unit in the field of civil law and its nature. Then demonstrate the ability of the violations of unit, which will draw on legal field of criminal law formation mechanism in China to do different interpretations of the necessity, to deny certain commentators myths on "unit will have a separate crime,". Chapter mainly explain the unit illegal structures, mainly through the crimes committed by units and units constructed of different points of view to analyze the essential characteristics of crime that illegal construction of the unit the mistake, and detailed analysis in SectionⅡdemonstrates the lawless unit acts properly constructed, that is essentially still the natural crime or offense. Next, on certain commentators on the social responsibility theory of criminal liability as a unit basis for criminal wrongdoing, were refuted. The final chapter summarizes the above issues, that we should recognize that crime is a utilitarian product unit to recognize the fiction of the corporate body of generation mechanisms will be different people interpret the criminal law of necessity, give up the unit from the theoretical argument independent will of the erroneous practice of crime; we should recognize the group is merely a continuation of natural persons and individual personality development, recognizing the natural unit of wrongful act in a decisive significance. Wrongful act on the units of natural persons in the natural persons of criminal or illegal can, at the same time the unit resorts to punitive fines, Publish unit wrongful information, restrict business, revoke business licenses, to establish probation system to regulate them.