Identification And Punishment Of Crimes Of Unit

Author provides that its notion that any company, enterprise, institution, state organ, or organization that commits an act that seriously endangers society and is described by person who charges unit directly or other persons who have responsibility, which is punished by criminal law as a crime, is crimes committed by a unit.Crimes committed by a unit has so far been profoundly and comprehensively discussed by scholars in this field, and it need to be solve in practice. This part gives a general introduction of the subject of crimes, objective information and mens-rea of guilty of failure in duty.The categorg of corporate crime is different from that of Natural crime,and the concept of it was proposed in the basis of corporate crime abroad and combined with the situation in china.In 1987,China's Customs Law for the first time recognized the dominant position of the crime unit,and it is the precedent of the criminal legislation of corporate crime. In 1997,the new criminal code provides corporate crime comprehensively. As the same time, by reason of the slow theory research and the legislation going ahead, some legislation defects of unit crime turn up increasingly. There are many practical problems difficult to solve.The paper is mainly about the relevant rules about unit crimes. It first reviews the present state of enacting laws about the unit crimes in our country, secondly sketchs out the conception of unit crimes, thirdly discourses the elements for unit crimes and lastly problems about crimibal laws.In addition, this concept also cannot be used todescribe the characteristics of corporat ion in the modern society.This paper suggests that apart from the board of directors orleader of the corporation, when we consider the legal responsibilitiesof corporate crime, we also must take the other elements intoour account, i.e., the policy, rule and aims of the corporation.