The Dilemma And Solutions Of The Theory With Regard To The Theory About State Organs Crime

In real level, state organ comforms with the regulation about the subject in general-part of criminal law, and also fit for the constitution of specific crimes in sub-part. In ought leve, it has the possibility to come out the criminal will, and has great significance to take the criminal responsibility. In the rapid development of economic, it is usual to see that state organ has become an important part to the unit crime right now. In the latest legislation, including the Criminal Law Amendment 7, it not only clearly regulates that state organ can be the subject in the unit crime, but also expands its scope. Therefore, the state organ should be and has become the subject in the unit crime. It is more rational to interpret the reason of bi-penalty system, in which state organ take the criminal responsibility from the point of teleology.In this paper, the theory of corporate crime, track the evolution of the discussion, the theory expounded by natural Crime Corporate Crime monism to the natural crime and legal crime dualism dualism transition process and the existence of social and material basis and rationality, as support for the establishment of units of state organs Crime of the main theoretical basis. Through the common law and civil law countries for major corporate crime legislation and judicial practice of comparative analysis, in order to build accountability in our system of crime, construction of state organs to provide a reference, and is derived as China's rapid economic growth, legal crime, including crimes of state organs is inevitable growth and changing trends, examines state organs of crime has its social and material conditions determine the basis for the evolution of the developed countries of crime and crime prevention before the Kam necessary.To solve major crimes unit of the theoretical confusion and the search for the theory and practice breakout path is the main content of this article, and core values. Paper on whether the state organs produce the possibility of criminal intent, the state organs of criminal responsibility and other issues are meaningless in a more detailed analysis and, through the elaboration of ideas for the author responded to the above problem, described logical and more convincing argument based obtained state organs can produce criminal intent, criminal liability of state organs and other significant findings.Chinese criminal law theory, punishment for crimes committed by units dual-system interpretation of these divergent views, various theories mostly only want to find "a crime, two crimes subject" support a reasonable point of view, but also want to safeguard "guilt pays" principle and the "matter is no longer fine "principle, under the premise of the system to identify pairs of existence of reasonable grounds for punishment, but constantly thinking of such research into a contradictory, repetitive and was unable to extricate itself from the quagmire of argument. Teleological interpretation of units from the punishment of crime based on dual-penalty system on the basis of this theory to solve the contradiction, in the same "sins pays" principle on the basis of the value of convergence reached double punishment system is the "sins pays" exception to the principle is to theoretical principles of criminal law and criminal law to achieve the game head drawn expediency.