The Research On Unit And Natural Person Joint Crime

The unit and natural person joint crime refers to not pure unit joint crime. The premise condition of the unit and natural person joint crime is unit constitute joint crime with natural person. Chinese scholars generally considered that the subject conditions of unit and natural person joint crime is the every subject is appropriate, objective conditions is that the unit and natural person have common crime conducts, subjective conditions is that the unit and natural person have common crime intention. unit constitute joint crime with natural persons should includes three conditions. As for the form of the unit and natural person joint crime, it divided into two categories unit and interior natural person, unit and unit external natural person, in the latter occasion, unit interior natural person with independent personal identity and to seek personal interests commits joint crime with units. While in the unit and unit external natural joint crime occasions, the natural person with the unit name and interests belongs to individual shall be determined as a joint crime. As for the determination of the unit and natural person joint crime, It is divided into two kinds of situations, includes units and natural person that violate the same charges and units and natural person that offend different charges. The latter can be divided into two categories:the different is due to natural person charged with units to implement behavior that don’t belong to the same crime objective and the different is due to the differences between natural person and unit, We should deal with it differently according to different situations. As for the amount for adjudication of the unit and natural person joint crime, the criminal law regulate different starting points for it, different scholar has different opinions, we reckon that we should distinguish the specific situation, considering how to apply amount standards conprehensively. As for the criminal responsibilities of the unit and natural person joint crime, Based on the basic principle of joint criminal, in the range of joint crime intention and joint crime conduct, the accomplices should bear the responsibility for joint crime results.