Study On The Criminal Liability Of Unit Crime

Because of the formulation and implementation of the new criminal law, both units and individuals can be the subjects of crimes. However, since the establishment of unit crimes, it has been highly theoretical circle of criminal law and judicial disputes. As a special form of crime, unit crime values a lot. Through the research of unit crime, we can improve the theory of the criminal liability of unit crime.It includes two parts--preface and body. Introduction provides an overview of unit crime in China situation; put forward the concept of unit crime. Body part from the deconstruction of "crime" theory point of view, from the start of crime analysis units, further research on upper concept of criminal liability of unit crime--criminal liability theory, outlining the results of its research, then better get down to the unit crime criminal liability, and analyses described in. Two previous part is the groundwork and Foundation, last part is the focus of this article.The topics of focus is units crime criminal responsibility part, its specific of thought following: first by criminal responsibility of concept and then came units crime criminal responsibility of concept, is units crime criminal responsibility is units crime in the of criminal responsibility and natural crime of criminal responsibility in essentially is same of, is units and natural members due to its crime behavior violation has criminal legal obligations and should bear of by representative national of judicial organs on its behavior of negative sexual evaluation. Then made its has severely sexual, and double sexual, and mandatory, and statutory criminal of four aspects features; second, application comparison analysis method research units crime criminal responsibility of bear way, and think units crime has double sexual surface Shang, it reflected of is units will of, essentially still was deep of personal crime will of by dominated, units members as units of dominated sexual elements, is formation units will of of Foundation, and specific implementation units crime behavior, and its itself has independent of personal crime will of, description its has subjective sin, so for units crime, both by units bear criminal responsibility, also to by units competent personnel and other directly responsibility personnel bear responsibility, this is on units crime implemented two penalty system of Foundation. Again, drawing made by Professor Chen Xingliang corporate complicity, concept of the proposed unit joint crime is considered internal of unit crime and that the actual crime is common, communicates with some of it with a common crime, common crime theory can be applied to the officer in charge of unit crime and other personnel on the commitment of criminal responsibility. Finally, shortcomings in the current penalty system of unit crime in China, from the unit itself and directly responsible to the two proposed for specific recommendations for the improvement of the criminal law system of unit crime.