On The Cognizance And Criminal Responsibility Of The Joint Crime Of The Unit And Natural Person

Unit crime and joint crime are two hot issues of criminal law, so the cross area ofthem---unit joint crime, which is similar to the unit crime and joint crime, also has itsunique properties and characteristics.Unit joint crime is not only a key point but also a difficult point in the study ofcriminal law. This thesis mainly selects “the joint crime of the unit and naturalperson”，which is one part of the unit joint crime for in-depth discussion.This paper is divided into five parts, including introduction, summary of unit andnatural person crime, the cognizance of the unit and natural person crime, the criminalresponsibility of joint crime of natural person, and conclusion.The Introduction mainly talks about the dispute of the existence of the jointcrime of the unit and natural person, and the realistic significance of the research.The first chapter is the summary of the joint crime of the unit and natural person.Firstly it expounds the possibility and the inevitability of the happening of the jointcrime of the unit and natural person.and then expounds the concept of joint crime andits scope, basic characteristics and types. The joint crime of the unit and naturalperson has two kinds: the fist is the joint crime of the unit and its external naturalperson, and the second is the joint crime of the unit and its internal natural person.The second chapter is about the cognizance of the joint crime of the unit and natural person, and the differences between the unit and natural person and thecrossing of their inner relationships lead to the different theory of the scope of the"unit" and "natural person".According to the article, in the joint crime of the unit andthe external person， the unit can constitute a joint crime with its superior departmentleaders, and it can also constitute a joint crime with its entrusted agent. in the jointcrime of the unit and the internal person. The unit can constitute a joint crime with itsgeneral staff, but cannot constitute it with the director of the unit, and also a companyof one person can constitute a joint crime with natural person.The third chapter is a conclusion of the criminal responsibility between unit andnatural person. The first section discusses the simple principle for the punishment ofjoint crime in our criminal law, that is, double punishment is both given to unit and itsleaders, and the single punishment is only given to its leaders. In second section, thepaper carefully analysis and discusses a few complicated problems of criminalresponsibility, including the criminal responsibility identification between unit andnatural person in the joint crime, and total crime digital should be adopted for thecriminals when the unit and the natural person are different in the crime amount.In Conclusion, the paper summed up the contents of the article and the mainlypoints.