Font Size: a A A

Research On The Unit Surrender

Posted on:2012-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiFull Text:PDF
GTID:2246330374990333Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The unit surrender refers to the unit automatically surrender which is based onunit will after the unit crime and truthfully confess the unit crime and the person whodirectly responsible for the unit or directly liable confess of the unit crime that thejudical office don’t know. The laws of the unit surrender is according to thesixty-seven rule of The Criminal law and《The given circumstances of regulationsabout dealing with the duty crime surrendered and meritorious》is promulgated bySupreme People’s Court in2009.The legal theory are the modestly restraining spirit ofcriminal law and the legal person being existence. The realistic basia include the unitsurrender could be effectively devided the unit crime,reducing the lawsuit cost andaccording with strictness relative to economic criminal policy. The unit surrender isdevided into the unit general surrender and the unit guasi surrender.The subject of theunit general surrender are the person who directly responsible for the unit,otherdirectly liable persons and members who know about the facts of case.And the mainbody condition must consider the change of legal representative or the person whodirectly responsible for the unit.The subjective factor of the unit general surrender isbased on the unit will.The subject of the unit guasi surrender are the person whodirectly responsible for the unit or directly liable.And they confess of the unit crimethat the judical office don’t know.The special circumstances in recognizing the unitsurrender include the follows: The person who are directly responsible for the unit ordirectly liable surrender are the unit surrender and natural person surrender.Andmembers who know facts of the case are geared to the unit surrender and the naturalperson surrender; During the period of“Double Regulations”,the unit could besurrender;If the unit committed identical crimes,the unit must confess of the wholecrime could be composed surrender.If the unit committed different crimes,the unit canconfess of part crime could be composed surrender;When the unit confess of the unitcrime,they must confess the crime which they know about other crime of unit orindividual; When the unit don’t compose crime, person who directly responsible forthe unit or directly liable could be composed natural surrender.
Keywords/Search Tags:Unit Crime, Unit Surrender, Elements, Unit Will
PDF Full Text Request
Related items