On The Subject Of Unit Crime

The unit crime stipulated in the criminal law in our country is also be called criminal of juridical person on criminal theory ,the most obvious difference between an individual criminality and a unit crime is who will be the subject criminal. Although it is stipulated in the criminal law that any company, enterprise, institution, state organ or organization that commits an act that endangers society, which is prescribed by law as a crime committed by a unit, shall bear criminal responsibility. Yet there has not clear restrictions been given, which caused lots of arguments in the criminal law theory and some puzzlement in judging practice, since our country is in a special period of market economics, their organizational forms and internal constructions are variegated. This thesis take the spirit of criminal responsibility and the intention of unit crime stipulation as the theoretical foundation, by analyses the structure and characteristic of the unit, the author intent on establishing a fixed standard for how to recognizing the suitable unit in unit crime, then according to this standard and the union legislation and the judicial interpretation, have a full view analyses on company, enterprise, institution, state organ or organization one by one, proposed whether brings it into the subject scope of unit crime. Now according to individual criminal theories and unit crime theories, by discussing, the author have done some deep research on the definition of subject criminal and the conditions on corporation crime, especially on its extent and structure. Basing on this, this thesis began with the conceptual analysis, and than from the different angles of view analyses the different kind of unit. The author think that the first thing for defining the range of the subject of unit crime is to determine the standard for recognizing the subject , then can we define a unit whether it be a subject of unit crime according with the standard. The author bearing the spiritual basis of the legislation of criminal responsibility for unit crime, by analysis the function and structure of the subject, than establish the standard for recognizing the subject of unit crime and to clear some mistaken ideas in judicial practice. This article writing logic from the conceptual analysis, than take the fixed standard to analysis some disputing unit, and from the practice...