Theory Of Unit Crime

With the perfect step-by-step development of the socialist market economy, driven by economicinterests and some of the shortcomings of the market economy, the unit crime in our country has become amore common social phenomenon. Unit crime in a foreign country is also known as "corporate crime" or"crime", in the theory of criminal law, which is generally referred to as corporate crime. Corporate Crime ofthe main qualifications, subjective and objective characteristics and Corporate Crime CriminalResponsibility of these problems in the theory of criminal law scholars in China caused lasting explored.Adjust the product of changes in social structure and interests as a country, China’s legislature,"CustomsLaw" in1987the first unit crime as the main body of the crime of smuggling and make provision for thevarious systems and norms about the crimes committed by units in constantly rising. However, as the unitcrime of modern economic and social increasing frequency, the existing regulations have been far fromeffective crime punish these units. So, how to effectively prevent and punish crimes committed by units,how to deal with crimes committed by units, which is already placed in the theory and judicial practicebefore the interface to a difficult problem.China’s current criminal law clearly defines the unit of crime, a major adjustment to the traditionalconcept of the theory of criminal law and judicial practice. But in the main body of the crimes committedby units identified, criminal liability and responsibility and surrendered system, the existing criminal lawretains the tradition of79years of criminal law, which makes the unit crime in many problems are the lackof clearly defined, resulting in further practice Many of the problems. Although the judicial interpretationissued by academic unit crime can constitute a surrender to controversy died down, but there are significantdifferences due to crimes committed by units surrendered and natural persons crime surrendered, in judicialpractice, there is a different understanding of the crimes committed by units surrendered, identifieddifficulties and penalties to be imposed on the chaos phenomenon, which has become a difficult problem inthe processing units criminal process. This paper mainly discusses the basis for punishment of crimescommitted by units, the main unit surrendered to the crime, the punishment of crimes committed by unitssurrendered, and legislative proposals to improve the system of crimes committed by units. Unit crime is a relatively new concept in the development of China’s criminal law, expressly provided for in the law, isconsidered and approved on June22,1987Customs Law provides for the first time the unit as the mainbody of the crime of smuggling.However, the criminal law system of penalties but did not achievesynchronization changes, Unit crime surrendered system not be clearly defined. However, with theemerging unit crime, judicial practice in the case of crimes committed by units surrendered, due to thecurrent criminal law does not clearly defined surrendered system is appropriate for a crime committed by aunit, so can be applied in practice and how to apply view of this, the issue of crimes committed by unitssurrendered is undoubtedly a serious problem in the judicial practice I intend to explore efforts to resolvetheoretical disputes about the crimes committed by units surrendered to the interests of justice practice.Based on existing research results, we are constantly in-depth exploration of the theory of crime unit.The author’s research ideas: from our existing criminal law provisions on the system of unit crime,combined with the theory of criminal law at home and abroad through the ages all the requirements of thesystem of corporate crime, investigate and analyze the status quo of China’s Legislation of Unit Crime anddefects in the legislation as a starting point, crimes committed by units of the system, the system andsummarized.