Study Of A Number Of Theoretical Issues Of The Crimes Committed By Units

The problem of unit crime has been a focus of attention whether it is in China or the whole world . Unit crime has been confirmed by criminal theory and legislation in most countries of the world . In 1997 , a new penal code has been passed in our country, which stipulates unit crime and its criminal responsibility in both general and specific rules, along with the development of market economy. However, along with the development of the society, the former law cannot satisfy the demand of pursuing the unit crime, such as the problem of whether unit crime can constitute recidivist, or establish to surrender to justice . What is more , the law did not stipulate the legislation procedure of unit crime , and the court does not have any convention to follow as to how to operate unit crime . As a result, carrying on a research on the problem of unit crime is not only the request of theory development, but also that of practice, thus having great significance .From the perspective of combining theory and practice , the article made a primary research on some problems concerning unit crime from five different aspects.In chapter one , the author discussed the legal characteristics of unit crime and whether state organization , privately owned company or business , contractor , and the village committee can constitute the corpus of unit crime , and got an affirmative conclusion.In chapter two , the author defined the title of unit crime and common crime , and confirmed that there are two forms of common crime under the premise of acknowledging that unit crime can constitute common crime . Then the author discussed the characteristics of common crime from three levels , which are corpus , subjective and objective aspects respectively . Lastly , the author discussed the criminal responsibility of relating people and units in common crime and concluded that we should differ a unit from a natural person.The chapter three , the author discussed the unit crime and can establish the recidivist's basis first . Secondly , under the situation of admitting unit crime can...