Unit Crime Criminal Theory

This thesis want detailed inquire into the basic theory of legal person criminal responsibility and it concrete way of punish the crime from the origin meaning of criminal responsibility. And put forward a proposal about the legislation of legal person crime in our country on the basic of analyze and use the experiences of other countries about their theory and legislation of legal person crime.With the modern social legal body's organization becomes increasingly stronger, it is difficult to prevent the serious illegal activities without using the penalty. Therefore, it has become a worldwide trend to make sure the criminal responsibility of the legal body's organization from the point of view. However, it is hard to make the criminal legislations to the legal body's organization, especially when our country is lack of the depth of the theoretical research to the unit crime and criminal responsibility, it is liable to lead in the legislative defect, judicial puzzleness and the operational difficulties. Therefore, this thesis will try to have a systematic research to the scope and undertaken ways of the criminal responsibility of the unit crime, basing on the historical recalling back of the unit crime. And on the basis of it, it provides some suggestions to perfect the legislations of unit crime in our country.The author looks back the history of legal body's crime and legislative process, unit crime should to be the act which possesses the following characteristics: earning benefits of companies, institutions, government organizations, well as mass groups themselves; establishing unit's collective decision or carelessly managing and objecting legally duty; the numbers of the unit executing objecting to criminal law and establishing legally and charge criminal on business. Establishing the scope of criminal liability of unit crime should base on subjects of crimes, harmful act and subjective aspect of crimes, and establish the standard of the scope of unit crime according to it. Based on it, the author puts forward the suggestions on perfecting the legislative conception about the scope of unit crime, legislative mode, conception, the principle of punishments.