Units Criminal Inquiry

It is well-known that the joint criminal subject includes unit both intheory and practice. Unit joint offense is an essential part of unit crimes.This type of crime frequently occurs. On the basis of present academicfruits about it and the theory on ordinary joint crime, this thesis willanalyze the composing conditions and suspended forms of crime about itand so on, in order to contribute to the consummation of its theory andoperation.This thesis includes five chapters. Chapter one generally introducesunit joint offense. Due to lack of explicit provisions about it in theCriminal Law, so there have the positive and the negative. The authorpresents 5 reasons to confirm that a unit can be the subject of joint crime.First, the unit has the ability of action and the criminal responsibility, soit is a "person" in the law. Second, there is no limited to the criminalsubject in the twenty-five provision in the Criminal Law. Third, there isunit joint offense in the special part of the Criminal Law and thecriminal special ordinance. Fourth, there is a phenomenon of unit jointoffense in judicial practice. Fifth, there is no reason that unit jointoffense is so difficult to practice in the negative.Chapter two illustrates the composing conditions of unit jointoffense. The chapter discusses the subject,the subjective,the object,the objective of such crime in details. In the subject, it analyzes theprivate enterprise,illegal society organization,two level subunit(includethe branch),state agency and organization in abroad which can be theunit joint criminal subject. From the process which forms the intention,the subjective divides into subjectively intentionally form and themeaning contact.Chapter three explains unit joint offense form. In unit and unit jointoffense, it proves whether that parent company and subsidiarycompany,parent corporation and branch as well as the common unit andthe special unit can constitute unit joint offense. In unit and natural person joint offense, it divides into unit and the natural person who isoutside the unit,unit and the natural person who is inside the unit.Chapter four shows the suspended forms of unit joint offense. Firstelaborates the accomplished crime of the simple unit joint offense andthe complex, then shows unit joint offense preparation, next shows theattempted crime of joint offenders, and at last explains the discontinuedcrime of the simple unit joint offense and the complex.Chapter five analyzes criminal responsibility of unit joint offense.The criminal responsibility discrimination, first recognizes the principaloffender, and then distinguishes the unit interior personnel's criminalresponsibility. Criminal responsibility of unit and natural person jointoffense divides offending the identical charge with different guiltstandard and offending the different charge.