Unit Commission Of A Crime

In practical work, I try the unit crime case are not many, but meets the hard problem are more, in order to solve the problem, I have had the interest to the unit crime question. I believed, research unit crime question, not only has the theory significance, moreover has the practice significance.Before the revision the criminal law, had not stipulated the unit crime, why the new criminal law had stipulated the unit crime, its theory rests on what in, this is I the question which first must solve in the paper, the English America legal system substitution responsibility theory, the higher authority responsibility principle, "I theory" and the identical principle, respond the responsibility theory in these theory principle foundation legal person. The legal person culture discusses, the constitutive legal person responsibility theory, all receives "the legal person draws up says" the legal person essence theory shade to the result, also is its inevitable conclusion, these theories although do not lose for solve the question means, but the degree differently existed expands or reduces the legal person legal responsibility the scope, or has violated "the hosts and visitors observed a person's face the unification" the legal responsibility principle question. Japan's enterprise organizes the body responsibility theory, regards as legal person's representative most underlying bed job holders's behavior is even legal person's own behavior, thus the legal person is responsible but is not the legal person substitutes the responsibility, has the progress, but this discusses based on frightened grasps the error, is suitable regarding the unit error crime, uses in intentionally the crime not properly. The France corporate crime theory based on "the legal person really said" the crime essence theory, thought the legal person is the actual existence legal main body, is the collective will, has the crime ability, can undertake the legal responsibility. In our country scholars, the unit crime is willing the conclusion, all by "the legal person really to say" is the foundation, is only in the unit crime responsibility main body integer, how undertakes the responsibility to have the different argument, Has the personification society responsibility to discuss, the association legal responsibility discusses, the social independent main body discusses, the double-decked mechanism discusses, the integration legal responsibility discusses, the overall responsibility discusses, the unit subordinate and the...