Incriminate Standard’s Integration Of Unit Crime

Unit crime is inevitable outcome of China’s social structure andinterests readjustment.And it is different from the natural personcriminal pattern. From its emergence to the development so far, it hasattracted special attention. Before it has been defined ascriminal,there was a heated debate on whether it should be committed tocrime..With the changing of the economic system,a variety of economicorganization implement criminal behavior getting worse,the existing lawalready cannot satisfy the requirement of economic development. Thus,when revised Criminal Law in1997, it ruled organization can be the subjectof crime.And the debate was able to cease. However, by the limit of thelegislative background and limited knowledge of new things, there existedsome defects and many deep problems which cannot be avoided. As a new crimesubject, the unit crime in the legislation would be based on the naturalperson crime,whether the legislation pattern is scientific or not.At present, there are following kinds of theory of crimeconstitution:two elements, three elements, four elements, fiveelements.The unit crime as a kind of crime type, in addition to complywith the general requirements of elements of crime, because of the particularity of unit crime itself, the amount of unit crime essentialto become a major standard of whether the units should be committed tocrime. However, in the current criminal law which convicted the amountto take a vague way of legislation, and thus greatly reduced its actualvalue and operability. In addition, as a criminal law subject, there isa huge difference in incrimination standard between the unit crime andnatural person crime. The same behavior brings so great difference ofpunishment seems to be illegal and injustice, whether the disparity inconviction and sentencing has a theoretical basis? On this problem,thetheory and practice communities has not yet reach a consensus on thisissue.Based on the above problem concerns, the author tries to study theseunresolved issues of judicial practice, referenced works of the relevantdomestic experts and scholars, combined with some of the problemsencountered in the judicial practice, and then put forward somesuperficial view in this paper. This paper consists of three parts.Thefirst part: Description on the standard of constitutes a unit crime.Thispart outlines the amount of unit crime, focusing on the basic problem ofamount, analyzes the value orientation, and several types of standardanalysis evaluation, then puts forward the existing problems. PartII:Theory controversy on the standard of the unit crime. There are threemain parts: the first part is outline of "Differentiate doctrine" and"Equal theory." The second part, analysis of the two theories from theviewpoint of legal theory; The third is to analyze the unfavorableinfluences brought by the multiple condemned standard of unit crime. PartIII: assumption of integration about the standard of the unit crime.From the basic theory of integration, and the analysis of value, combiningwith the current legal system and some experts’ and scholars’ point ofview, proposing some opinions on the issue, hoping to bring some help to the study of unit crime’s amount standard.