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A Number Of Issues. Crimes Committed By Units For Study

Posted on:2009-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:X Z ZhengFull Text:PDF
GTID:2206360272989107Subject:Law
Abstract/Summary:PDF Full Text Request
Establishing the criminal responsibility of unit (corporation) on Criminal legislation is a worldwide trend, but the conviction and sentencing is not an easy task, especially the Birth and development of the unit (corporation) criminal responsibility has only a short period of 20 years in China unit (corporation) criminal legislation. We are lack of sufficient depth and systematic research on unit (corporation) crime and its criminal responsibility, which leading to shortcomings of legislation, confusion of judicial and difficulties of operation in the unit (corporation) criminal legislation.Therefore, this paper would attempt to commence on comprehensive studying the definition of the subject of unit crime, criminal liability of unit crime, the problems of identified issues on unit (corporation) crime, and so on from the perspective of investigate the history of corporation criminal legislation crimes .and basis on this study, the author will Specify out the defects of unit (corporation) criminal legislation. Finally the author will put forward his recommendations for improving China unit (corporation) criminal legislation.In this paper, the main divided into four chapters. Chapter 1 , the author talks about the definition of the subject of unit crime, main discuss the criminal legislation and evolution theory of unit (corporation) crime and illustrates on the basic concepts and theoretical basis of affirmative and negative Arguments of unit (corporation) crime, at last the author would put forward the reasons of supporting that the unit (corporation) was within the subject of crime.Chapter II, the author discusses the concept of criminal liability, Premise, characteristics and the ways thereof, mainly focusing on the pros and cons of the system of two ways to achieve the unit (corporation) criminal liability, which are single-and dual-penalty system for impunity.Chapter III is the key chapters of the full paper. The author emphasize on the difficult problems of unit (corporation) crime, such as qualification, subjective aspects and criminal responsibility and so on.Base on the illustration of above three chapters, in Chapter IV, the author point out the loophole of the regulation of unit (corporation) crime of China' s Criminal Law, and make some suggestions to improving and perfecting the unit (corporation) criminal liability legislation.
Keywords/Search Tags:unit (corporation) crime, unit (corporation) nature, Constitution of crime, the definition of unit (corporation) crime, criminal responsibility of unit (corporation)
PDF Full Text Request
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