On The Subject Of Unit Crime Deny

In the traditional theory of criminal law, Unit, as a systematic whole, has an independentpersonality in the case of units in a crime, instead of considering whether it should uncover the“veil” of the qualification of the subject of crime in the aspect of the crime of natural person.Meanwhile, China’s criminal law on the criminal liability of the crimes committed by units andnatural persons crime are really quite different, as a result, in the practice of judiciary, naturalpersons make use of the defects of the unit crime responsibility mechanism and control units,manipulate crime. In dealing with such cases, If they are still dealt with in accordance with thecrimes committed by units, investigating the criminal liability of units and natural persons, it iscontrary to the balance of crime and principles and criminal theory of units. Consequently, it’llinhibit the effectiveness of the penalty prevention function. Supposing that in accordance with thenatural person crime, unit shall be investigated for the criminal responsibility of natural person. Itis lack of theoretical support and legal basis, and to the detriment of the criminal law authority.Based on the above, the theory of criminal law should imitate and innovate the ripe disaffirmationof unit personality, build a set of unit subject qualification negative theory,characteristic by theoryof criminal law, to guide judicial practice. After transformation of criminal law theory, thedisaffirmation of unit personality refers to the crimes committed by the lack of independentpersonality units, denies the independent personality in the specific criminal case, based onparticulars of a matter, further to deny the crime subject qualification of units. It directly resourcesto the criminal liability of natural persons who manipulate the crimes. It has three remarkablefetures of dependence, specificity and directness.In the judicial practice in China, the deficiency of unit crime criminal liability system, has ledto the imbalance and difference of unit crime and natural person crime in criminal penaltyobjectively, which may lead to the unit natural person make use of the unit to implement crime.Additionally, the relationship between the behavior of natural persons and units of behavior in thenatural persons of penalty in crimes committed by units under and units not yet clear in thecriminal theory of units in China now, leading to fail to provide theoretical support to deny thecrime subject qualification. Based on this, directly applying the company law personalitynegativism or applying discriminately to criminal law theory has been increasingly called on. Butthe objective limits of public and private legal and the special features of the criminal law aredoomed to that the establish of unit crime subject qualification negative theory has to reasonablyreference and modify the company law personality negativism. Without doubt, the behaviors ofabusing unit personality in form，no criminal ability and lack of impeaching the possibility aresufficient conditions of the denied theory of the applicable unit crime subject qualification.