A Number Of Issues. Crimes Committed By Units For Study

Natural persons had been regarded as the subjects of crime in the penal code since the immemorial, but in modem times, the legal person and unit crime are more and more being taken for the subjects of crime. In our country, there is no the phenomenon of unit crime before 1980's. With the development of economy during Chinese Reform and Opening Up, unit crime has been becoming a crucial social problem in China. In 1987, unit crime was defined in the Customs Law of the People's Republic of China for the first time, and then in other single criminal laws. In 1997, it again specified the position of the unit as the crime subject legislatively in the general provision of the new penal code. In term of either theory or practice, the history of unit crime in our country is short. So a lot of differences and disputes exist in the law world about certain aspects of the unit crime. And there are a number of complicated cases in judicatory practice need to study and resolve. This article briefly summarizes the concept, the situation of legislation and the legal features of unit crime. It also makes a discussion on some problems of unit crime such as self incrimination, recidivist, limitation of prosecution and the legislation improvement.This article includes four chapters. Chapter one is a general introduction of unit crime which is divided into four parts discussing the theoretical foundation, the lawmaking guideline, the definition and the features of unit crime respectively, especially the disputes over the subject of unit crime.Chapter two focuses on the study of self incrimination of unit crime concerning the feasibility and the affirmation problem of its establishment. And the self incrimination affirmation will include the type and meaning, the subject affirmation and the crime scope of self incrimination.Chapter three presents the study on recidivist of unit crime. It talks about three topics: whether the unit crime can constitute recidivist, the condition for recidivist, the punishment principle of unit crime. And the author puts forward some standpoints to the unit crime here. Chapter four is concerning the limitation of prosecution for unit crime. It includes the necessity of establishing the limitation system and the legislation improvement of the unit...