The Confession-to-justice Of Criminal Organizations

Our Penal Code has set two kinds of criminal subject, organizations and naturalpersons.The organizations is a criminal subject of legal fiction. It constitutes a crimeon if the law expressly provides. It hasn’t been clearly defined in the Penal Code thatorganizations could be set up to confession-to-justice themselves to the problem. Thisled to the docking of theory and practice needs.Organizations establishedconfession-to-justice or not is not uniform in the practice and approach. Or even ifthey recognize the confession-to-justice of organizations,it may be the opposite in theidentified specific aspects. Although two judicial interpretations have made relevantjudicial interpretations respectively:"about handling duty-related criminal casesidentify himself, crime and sentencing issues opinions" and" on the handling ofcriminal cases of smuggling some problem of the applicable law", but the theoreticalcircles think it is unreasonable that identified the confession-to-justice oforganizations only by two judicial interpretations. It needs the support of theory.This thesis is divided into three parts.It takes twenty thousand words totally:The first part in this paper is unfolded around whether confession-to-justice canbe established by organizations or not and whether confession-to-justice byorganizations has legal grounds or not. Divided into three main sections, Section I isthe basis of organizations set up confession-to-justice, only a clear understanding ofwhat is the confession-to-justice of criminal organizations to the legal basis, theorganizations was established confession-to-justice the meaning in order to clearly understand the value of organizations confession-to-justice. Section II through theorganizations set up to confession-to-justice themselves to theoretical analysis,divided into theory sure whether or not the conclusion of the debate analysis, theprisoner of game theory analysis, theory has considerable value as a organizationswas established confession-to-justice support.Section III set up the organizationsconfession-to-justice Elements refine the exposition, the organizations set up toconfession-to-justice themselves to different conditions and a natural person but thereare similarities.The judicial practice problems of the criminal organizations’confession-to-justice are mainly discussed in part two of this paper. This chapter isdivided into two, confession-to-justice to the general problem of crime organizationsand special issue. The reason for this distinction is that I believe that only thedifference between general and special problems can be adapted to the universaldemand of judicial practice. The first section is divided into four parts. Theorganizations set up the relationship between confession-to-justice its members, theorganizations set up a special confession-to-justice, the organizationsconfession-to-justice to run away or when the organizations is not set up a crime,howthe members of organizations could confession-to-justice.The organizationsconfession-to-justice more complex relationship with the organizations members, thetheory of debate more, not yet formed a unified view, the author attempts to discussthis. The other three questions is relatively simple, practical identification is also moreuniform. Section II is divided into two parts, respectively, the organizationsconfession-to-justice identified several crimes organizations confession-to-justice tothe identification and common crime, a separate discussion of more complex patternsof crime.Some problems in the current punishments and legislative system about theconfession-to-justice by organizations in this country are discussed and analyzed inthe last part of paper. Therewith, relevant regulations in foreign countries about theconfession-to-justice by organizations are put forward to be used as a source forreference by the author when law is made, penalty of qualifications and penalty of reputations about the confession-to-justice by organizations should be increased in thecriminal law in this country. The punishment system for punishing the crimescommitted by organizations should be perfected through increasing penal means tothe crimes committed by organizations and the diversifications of the punishments toorganizations should be achieved, so that confession-to-justice and failing to confessto justice after the crimes committed by the organizations are very different in theaspect of punishments.