Research On The Nature Of The Unit Crime

The unit crime has already been included in Chinese criminal law, but there are stillsome matters needed to be discussed deeply: the relationship between unit and unitmember in unit crime, the nature of unit crime, and how to deal with the unit steal injudicial practice. The legal person is the concept of human on the law, its nature is fiction,in other words, the behavior of human is attributed to the legal person, thus lead to thesubject of unit. The substance of the problem of legal person is ascription, in other words,it transfer the responsibility of individual to unit; the premise and fact basis of theso-called unit crime is the individual crime, it also transfer the responsibility of individualto unit; the substance of the so-called criminal responsibility of the unit is individualcriminal responsibility, it transfer the responsibility of individual to unit. So, to confirmthe criminal responsibility of unit should insist on the principle of individual responsibility,the nature of unit crime and unit criminal responsibility is fiction of crime and criminalresponsibility.The paper includes three main parts:The first part analyses and discuss the subject of unit crime、the system that bothpunish unit and unit member in unit crime、the dispute core about unit crime around thecriminal law revise in1997,based on the view of traditional binary theory that unit andunit member are both the crime subject, including the following three aspects: thelegislation mode of current criminal law、the judicial practice and the theory debate;The second part expounds the following problems carefully: whether theadministration can be unit crime subject in judicial practice、whether the illegal persongroup can be unit crime subject、the relationship between unit and unit member in unitcrime、the crime of steal committed by unit、surrender of unit crime, from the angle of theunitary theory that individual is the only crime subject;The third part reaches the conclusion that the nature of unit crime is individual crime.