On Criminal Responsibility Of The Unit

Unit crime is the inevitable result come from the changes of social structure and the adjustments of social interests. Under the complicated social background, unit crime has greater influence on no matter quantity or harmfulness of social. So to study on the particularity of unit crime technically is great important to precisely comprehend and correctly apply criminal provisions. It is also significant to severely punish and effectively resist unit crime.The paper is thus designed to serve and enrich the current theories and practices in China by making in-depth comparisons of the legislations jurisdictions and theoretical developments on corporate criminal responsibility between common law and civil law. The main text divides into the following four parts, approximately 40,000 characters:Part I , Summary of criminal responsibility of unit . This part puts (?)orward concept and the characteristic of criminal responsibility of unit and analyzes the criminal responsibility of corporation of the common law countries (England and the United States), civil law countries (Japan and Germany) and our countries to the unit (corporate) crime, sums up the characteristics of the two greatest legal genealogies and criminal law of our country to the responsibility of unit (corporate).Part II, The bases of the criminal responsibility of unit. This part puts forward its philosophy,actual,legal and intentional causes.Part III, Undertaking of criminal responsibility of unit. First, this part analyzes the punishment principle of unit crime, including the transfer punishment system, the replacing punishment system, the double-punishment system, the mixed punishment system. The author suggested that, our country should also adopt the double-punishment system. Next, this part elaborates indetail the main body who undertakes the criminal responsibility of unit--unit and natural people of unit. Unit is made up of companies, enterprises, institutions, governmental organizations and associations. The people who undertake the criminal responsibility of unit include persons who are directly in charge and other person directly responsible. The author believe that, compared with individual crime, the subjective malignance of direct liable person is lower, his responsibility should be lighter than individual crime .Part IV, Consummation of criminal responsibility of unit. This part elaborates three questions: Decision of the scope of unit crime, Consummation of the structure of punishment of unit crime as well as Consummation of penalty system of unit crime. The author deems that the scope of unit crime must be defined in the unit's correlation activity; the behavior which has nothing to do with the unit's service should be removed outside the scope. We must carry on restructuring to the penalty system of unit crime by increasing the principal penalties (such as deprival or limitation right and forced dissolution and so on) and accessory punishments (such as deprival the title of honor and providing public service。There are the unit recidivist and unit confession. The limitation of prosecution is also applied in unit crime. The crime unit must establish the accumulative offense, the unit crime should be placed heavier penalty. The criminal law should eliminate the unit itself inherent flaw and the crime tendency, achieves the transformation crime unit the goal.