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A Number Of Issues. Crimes Committed By Units For Study

Posted on:2004-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:W G YangFull Text:PDF
GTID:2206360095950350Subject:Law
Abstract/Summary:PDF Full Text Request
criminal law of our country provides in the 30th article 'the harmful conducts to the society that company, corporation, enterprise institution, department, party commit, which the law provides what are crime, should bear the criminal liability.' The 31th article provides 'sentence the units that crime fine ,and sentence the directly responsible governors and other directly responsible personnel penalty. When provided in this law and other laws ,act as these provisions' In addition, the 2th, 3th, 6th, 8th etc. relative chapters in specific provision of criminal law provide the concrete accusal ,facts about a crime and lawful penalty for all kinds concrete unit crimes. These provisions in present criminal law sign the perfection of criminal law that punish the unit crime , this no doubt provide beneficial lawful weapon for punishing unit crime. Though these provisions provide definitely the main body and the penalty ways ,the range of the unit crime ,what conducts are unit crime and how to judge them ,the general provision don't touch entirely. Thus, the present criminal law leave much blank behind for the most important and fundamental problems in the theory of unit crime , and lower the actual value and maneuverability of provision about unit crime, make the theoretical research and legislative practice out of joint. Aiming at these problems ,this essay try to probe into the several theoretical problems about unit crime.This essay is divided into six parts. On the basis of looking on the several opinions about the concept of unit crime, the first part define renewedly the concept of unit crime by analyzing all the conditions that can be regarded as unit crime .The second part probe into the definition of main body of unit crime by discussing the competency condition and concrete situation that can be regarded as the main body of unit crime, and the several special problems about the cognizance of the main body .Beginning with the differences between the intentional crime of unit and common crime of nature person, the third part discuss the distinguish between the principal and subordinate criminal and the punishment to the common crime of unit. In view of the present situation that few people in science of criminal law study the self-accusation and making-contribution of unit crime , the fourth and fifth part probe into the cognizance and treatment of the self-accusation and making-contributions of unit crime. Based on analyzing shortages of punishment system provided in our present criminal law, the sixth part put forward the legislative advice of consummating the punishment system of unit crime.
Keywords/Search Tags:unit crime, concept, main body, common crime
PDF Full Text Request
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