A Number Of Issues. Crimes Committed By Units For Study

The crime committed by the unit is a unique social phenomena of commercial society.In modern times, nearly every country takes feasible measures to manage corporate activities which are closely related to the stability of the state's economic order and people's lives according to the development and demand of the times.Chinese criminal law has included a relatively complete system of the crime committed by the unit ,which involves corporate crime's concept, category, conviction and other basic problems. But currently, as a result of the constrains of the traditional theoretical system of the crime committed by natural person and inaccurate means of cognition,there are many theoretical problems in controlling the crime committed by the unit with penalty,for example,the basic concepts are not clear, the definitions of crime are too principled, the requisites to constitute a crime are not unanimous , the theory of criminal responsibility has flaws, the punishment system is not perfect, and so on.Based on a consideration of above issues, with "the modem corporate body" as a studying object, this article aims from an independent perspective at making a new and useful probe into such basic theoretical things as the definition of "the crime committed by the unit", the constitution of a crime and criminal responsibilities by analyzing "the corporate body " as a "positional aggregate " independent of its composing members—natural persons, thus breaking through the traditional thinking pattern of bringing the crime committed by the corporate body into the theoretical system of the crime committed by the natural person. Besides the introduction and conclusion, this article falls into four parts:The first part is an illustration of the epistemological methods instructing the whole article, which establishes the studying means of understanding the crime committed by the unit through the characteristics of the unit, with an analysis of the feature and nature of modem corporate body. A unit has its independent personality, so the crime committed by the unit should have a status parallel with that by a natural person. The second part is about the definition of "the crime committed by the unit" and gives the writer's own ideas on the basis...