On Unit Crime Legislation Pattern Reconstruction

For the study of this phenomenon of the crimes committed by units, Chinastarted relatively late, amended in1997, the new Penal Code officially confirmed thecriminal responsibility of the crimes committed by units, in this regard our countrywalk in the forefront of the world. Although the formulation and implementation ofthe1997"Criminal Law" quelled the dispute of the certainly theory about crimescommitted by units or not in the80s of last century, certainly theory about crimescommitted by units or not the conclusion of the dispute, acknowledged that the unit isparallel to the natural person subject of crime, however, due to the theoretical study ofChina, after all, is not deep enough, and theoretical research was not thorough enough,the experience in judicial practice was also not much, coupled with the complexity ofthe unit crime itself, all of these factors determined that the crimes committed byunits bound to encounter many problems in the theory and practice. In this essay, Iput the reconstruction of our country’s mode of unit crime pattern as the starting point,and do a detailed elaboration for the global characteristics of our current unit Crimemode, and on this basis, to reflect on the theoretical and practical problems generatedby it. In response to these difficult problems to solve, the author proposed somesuperficial insights on the unit crime legislation model reconstruction.Text of this paper is divided into four chapters: chapter1briefly describes thecurrent "Penal Code", the basic characteristics of crimes committed by units system:From the point of view of criminal punishment in the legislation of theprerequisites for design, unit crime in our country is that the system of natural personcrime four requisites to constitute a crime way of thinking directly in the unit. On themain body, unit is an organization body of people and things together, has exceededits members independent of the overall personality; The will of the crimes committedby units is a whole will, although it comes from its component members, but notsome of the personal will of the simple sum, but under the domination of the interests of the unit as a whole, by unit members will interrelated and coordinated and form;The crimes committed by units legally, only by the criminal law expressly providesthat in order to set up a unit of crime; In the unit crime objective aspect, the unit iscomposed of staff ’s behavior as part of the overall behavior of unit crime, the unit ofbehavior is the operation of the will and implementation of the unit as a whole. Fromthe perspective of the relationship between the criminal responsibility of the unit andpersonal criminal responsibility, the units criminal system in China follows a holisticthinking, is to put the phenomenon of crimes committed by units of the unitresponsibility and personal responsibility together, units of criminal responsibility isshared by the units and their members, and they both criminally responsible as awhole constitute the criminal responsibility of a whole body of unit organization.Logical point of view from the judicial practice, unit crime system in China has atop-down feature, that is, first identified the establishment of the crimes committed byunits as a collective unit, and then down to be investigated for criminal liability ofindividuals. This system is sometimes called the" overall phenomenon theory" mode.Chapter2provides a detailed analysis of the characteristics of the system by the UnitCrime in China that leads to a series of crimes committed by units of the theory andpractice problems, including crimes committed by units set up the conditionsidentified, the scope of the performance of the crimes committed by units. Therelationship between the units and individual responsibility in the crimes committedby units and responsibilities of configuration problems etc. The third chapter theauthor tries to do a certain degree of assessment about the solution to the problem ofthe second part in our practice, and discusses the choice of the best path to solve theproblem of crimes committed by units; The fourth chapter, against the problems inunit crime in China, free themselves from the" overall phenomenon theory "mode, itis envisaged that a "blame the responsibility theory" of the unit crime legislationpattern, here, unit criminal responsibility and individual criminal responsibility arestrictly separated from, that is, directly and simply consider the units under whatcircumstances should be punished, shall be governed by what kind of punishment? Inthe train of thought is no longer in direct contact with individual conditions ofpunishment and punishment principles. When the individual criminal is no longer an integral part of the crimescommitted by units, instead, the unit of criminal responsibility premise, the individualis no longer a responsibility-sharing of crimes committed by units’ criminalresponsibility, they are in a juxtaposed relationship. I call it "blame the responsibilitytheory" legislative mode, because here, the so-called the criminal responsibility ofunit crime but is based on its members crimes and afterwards attributed to aresponsibility of the unit. The innovation of this paper is to get rid of our crimescommitted by units of the "overall phenomenon theory" legislative model, the unit nolonger be regarded as the main body of thinking and behavior. But the unit and itscomponents are completely separate, unilateral, independent thinking their owncharacteristics and facts of the crime, and no longer applicable to the class of crime tothe establishment of the conditions identified the establishment of the unit crime ornot. To overthrow the supremacy of the investigated approach and adopt a bottom-up,unilateral legislative model, namely,"blame the responsibility theory" on thelegislative model. Its characteristics is to start with the individual criminal behaviorstart, and then examine the units based on the institutional features of its personalityto its members of the crime or harmful consequences wether bear intentional ornegligent responsibility. This new legislative model can be described as crime the unitcrime research provides a new perspective, and can solve the problem of China’scurrent system of crime unit caused by a lot of theory or practice problems, and hasmany other advantages.