Units Subject Of Crime Theory

Unit crime, on the other hand, is called corporation crime in theory. Unit crime is brought up by the development of commodity economy and market economy. First law in China prescribing unit crime is Custom Law in 1987. In 1997, newly amended Criminal law formally stipulates the content of unit crime in its general principles. Unit crime is one kind of crime that committed by corporation, enterprise, career unit, organ or group and it is collectively decided by unit or its principals. It cause grave damage to the society and should take the burden of criminal responsibility. Many scholars have made research on unit crime these years, especially on the subject of unit crime.The development of legislation and judicial practice in year 2006 has promoting the exploring the subject of unit crime. For example, one-man corporation has acquired the qualification of legal person according to the new Corporation Law. Whether one-man corporation could be the subject of unit crime is heatedly discussed in Criminal Law. Another case in point is that Wu Lu Mu Qi Railway Transportation Court is prosecuted by the crime of Unit Bribery reported in July 4th. Whether state organ should be the subject of unit crime has gone beyond the limitation once only discussed in theory and becomes the critical problem needing rapid solution in judicial practice.Through the deep consideration of above question, this dissertation basing on the regulations of unit crime both in China and abroad, as well as the theory, legislation, judicial interpretation and real cases, has bird's eye of the subject of unit crime and aims at outlining its main frame. The dissertation also analyzes the condition of being the subject of unit crime among corporation, enterprise, career unit, organ, its inner department, fluctuant legal person and villager committee. In addition, we discuss the question of its criminal responsibility and explain the paradoxical phenomenon of"one subject of crime but two subjects of burdening the penalty". At last, it is advised that Criminal Law should be modified in order to eliminate the organ out of the rage of the subject of unit crime. At the same time, improving the manage system of corporation and enterprise as well as laws like civil law, commercial law and economic law will do good to mitigate the graveness in reality.