Analysis Of The Subject Of Unit Crime

For the crime, implementation is the subject of crime, responsibility is the subject of crime. Therefore, the definition of the crime, is built around the subject. and a different point of view, but also for the main discussion. The different controversies of the current criminal law theory about the unit crime, is also carried out around the main unit of crime.China' s" criminal law" thirtieth article about unit crime general provisions, almost empty was not the definition of the unit crime, only to the unit crime criminal responsibility should be investigated declaration provisions. Thus, the definition of the subject of unit crime,, there are different understandings in judicial circles, on the subject of unit crime confirmation occurs difficulties, therefore, this article attempts to discuss relevant issues of the unit subject of crime theoryThis paper is divided into four parts, the first part gives a brief introduction the historical process of Chinese and foreign countries of the subject of unit crime in legislation and and discussed the necessity of the subject of unit crime.The second part starts with from the concept of the unit crime as well as the main differences of opinion of the unit crime, focuses on the characteristic of the subject of unit crime, which can only come to the main unit is the unit, in particular the person-in-charge and other directly liable personal punishment, is components of the unit crime. The definition of the unit crime subject conditions, must have legal personality and having a unit will formation ability and control ability of the two basic ascertainment principle and standard, and discusses in detail the basic characteristics of the subject of unit crime.The third part of the confirmation from both positive and negative aspects of crime and negative units of the qualification, a detailed analysis of the legal unit of China's criminal law, the main crime types, units of four units, while having the appearance of the main characteristics of crime, but the substance does not have the personality of the criminal law the main characteristics of the crime unit were negative, and six kinds of special circumstances the availability of units in the qualification for a specific crime, the analysis found, thus establishing the crimes committed by units of the main qualification to confirm and deny the specific circumstances. Correctly distinguish between the judicial practice in criminal crimes committed by units and individuals to provide effective methods or meansThe fourth part of the status quo of the legislation of unit crime in our country, summarizes our country legislation of unit crime pattern advantages and defects, from the legislative principle and technology two aspects to perfect our country's legislation of unit crime subject put forward his conception, the next step for the subject of unit crime legislation perfect offer draw lessons from.