A Number Of Issues. Crimes Committed By Units For Study

This essay elementarily studies some basis issues of crimes committed by a unit in criminal law from theoretical and practical way. This article contains five parts. Part I is notion of crimes committed by a unit; Part II defines subject of crime. Part III studies crimes committed by a unit and complicity; Part IV studies criminal responsibility of crimes committed by a unit; Part V studies contentious procedure of crimes committed by a unit.Part I discusses several arguments about Part I crimes committed by a unit and provides principles that we should observe during determining crime and scientific notion about crimes committed by a unit. Author provides that its notion that any company, enterprise, institution, state organ, or organization that commits an act that seriously endangers society and is described by person who charges unit directly or other persons who have responsibility, which is punished by criminal law as a crime, is crimes committed by a unit. This is one of creative ideas in this essay.Part II studies competence of subject of crimes committed by a unit by analyzing its notion, characteristics. This essay also studies some disputable issues about how to determine subject of crimes committed by a unit.Part III studies differences between crimes committed by a unit and complicity. Author provides that crimes committed by a unit differ from complicity. Secondly, conclusions are drawn that unit can be subject of complicity through analyzing complicity in criminal theory and judicial practice. This essay studies the following issues about crimes committed by a unit: notion of unit complicity, characteristics of unit complicity, division about unit complicity and punishment about unit complicity. Thirdly, in order to correctly determine crimes committed by a unit in judicial practice, this essay studies differences between crimes essay committed by a unit and crime gang.Part [V firstly introduces foreign and domestic theory of criminal responsibility about crimes committed by a unit. Secondly, this essay mainly studies penalty mode that crimes responsibility take criminal responsibility. Author agrees theory of uniform responsibility of unit and individual. Author provides that bilateral punishment is a ideal mode to apply to crimes committed by a unit. However, based on current circumstances, it is reasonable to adopt this kind of mode, i.e. bilateral punishment is major, unilateral punishment is minor and supplementary. Moreover, this essay simply introduces provisions about unilateral punishment in domestic criminal law and discusses principles of determining and punishing to actor who should takes responsibility for crimes committed by a unit. In the end, author provides some suggestions on punishment regulation about crimes committed by a unit.Part V studies contentious procedure of Part V crimes committed by a unit. Based on some issues about contentious procedure of Part V crimes committed by a unit encountered in judicial practice, author provides some legislation suggestions on crimes committed by a unit, i.e. means of coercion, criminal jurisdiction, regulation of representative of action which should be established when defense unit takes part in suit.