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Study Of Issues Related To Crimes Committed By Units

Posted on:2006-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:W D ZhengFull Text:PDF
GTID:2206360182476780Subject:Law
Abstract/Summary:PDF Full Text Request
It remains the theoretical argumentation of the crime committed by a unit to be developed and deepened go a step further that to integrate the concept of the crime committed by a unit .The subject of constitutive element of crime committed by a unit includes not only the company, enterprise, institution, State organ, organization, which is prescribed by the criminal law, but also some second-lawyer construction of these units. In order to discriminate the criminality conducted by a person or a unit, the principle integrating subject with object should be uphold .In judicial practice, the discriminate principles about "for the interest of the unit" and "who(m) is the incomes by crime belonged to " only have given universal sense. The culpability of the crime committed by a unit should include intent and negligence, also supervisory negligence. Based on the criminal law, the crime committed by a unit is an organizational crime including nature persons, so the criminal responsibility of the unit crime is the multiple of the organizational responsibility and the individual responsibility, the individuals with direct responsibility both adhere and independent on the unit. Stealing committed by a unit should penalize as the same behavior committed by a person. In consummating legislate, it should be added new kind of punishments, set up the system of recidivists and limitation of prosecution about the crime committed by a unit.
Keywords/Search Tags:Concept of the crime committed by a unit, the subject of the crime committed by a unit, criminality by a unit, the culpability of the crime committed by a unit, supervisory negligent, income by crime, stealing committed by a unit
PDF Full Text Request
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