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View On The Criminal Responsibility In A Case Of Non-unit Crime Committed By A Unit

Posted on:2013-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:L GuFull Text:PDF
GTID:2246330395473086Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of criminal responsibility in unit crime has always been a focus ofthe controversy in our system of criminal law scholars. For the offense committed bya unit but not stipulated as a case that entails the unit’s criminal, how to affirm the unitact and the criminal liability has to be disputed in judicatory practice. The authorthinks that the obligation of the principal is the person in charge and other personnelwho are directly responsible.In Chapter one, the author will introduce the relevant cases about the affixationand confirmation of the criminal responsibility in the “non unit crime” in judicatorypractice, and lead out the disputes in criminal legislation, justice and academia. Thereare two points in the a case of non-unit crime committed by a unit, one is affirmation,and another is negation. The author supports the first one and thinks that the problemsputting by the deniers should be solved. This thesis draws up three problems toresolve: how to affirm natures of unit acts that are “non unit crime”? Why can thenature person undertake criminal responsibility in unit crime? For the offensecommitted by a unit but not stipulated as a case, why the responsible personnel shouldbe convicted and punished?In Chapter two, the author discusses different illegalities and constitution ofcrimes in unit crimes, which is comparatively to that of natural ones. If the illegalcriminality conforms to the unit attribute, the criminal will be unit’s overall will. Then the illegal criminality will belong to unit crime.The third chapter discusses the theory and legislative background andpunishments modes about the criminal responsibility of personnel at home and abroad.Through analyzing and absorbing the theory, the author considers: when a certaindangerous personnel act has constituted a crime, personnel should be convicted andpunished.The fourth chapter defines the range of the responsible personnel, discusses thereasonability standard about the patterns of punishments to the responsible personnel.
Keywords/Search Tags:Unit crime, Natural person, Criminal responsibility
PDF Full Text Request
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