The Legislative Pattern Judgment Of Unit Crime In China

The legislation supply general provisions and specific provisions to our unitcrime,which dates from1997.But the rules of legislation have many wrongs about theestablishment and punishment of unit crime because unit crime has many complexelements and the scholars do not pay much attention to it.As a result,there arenumerous academical problems and practical issue on unit crime.The thesis sets thefoundation of the legislation and analyze the academical problems and practicalissue.In the end,the author proposes the legislative assumption of our unit crime.The thesis includes four parts.The first part analyzes the legislative pattern of ourunit crime,which according to the rules of unit crime in criminal law.The authorsummarizes the legislative pattern in three sides that the lifelike incriminate rules,theexisting range is specific and the punishment is different.The lifelike incriminate rulesmeans that the legislator treat the unit as a person and there are all aspects of crimeelements in unit crime.The existing range is specific means that the range of unitcrime exists in only one hundred terms according to the specific provisions.Thepunishment is different means that the principle of the punishment is the combinationof double-penalty and single-penalty,which differs of the incriminate rules andpunishment of other countries.The second part of the thesis covers the academicalproblems of our unit crime.The third part of the thesis covers the practical issues ofthe unit crime,which includes the judging standards and joint offence of unitcrime.The forth part of the thesis is the legislative pattern of our unit crime,whichincludes the analysis of the reason on the problem.The legislation do not consider thedefect of the unit,but shifting the behaviors of people to the unit.The author analyzesthe system and policy of the unit and discuss the criminal act of the unit crime.In theend,the author proposes a new pattern of our unit crime.The research method of the thesis include several sides.The author uses logicaland empirical method to analyze the legislative pattern and its issue.According theempirical method,the author summarizes the common problems of unit crime.The author also uses the sociological, psychological method and the research method ofthe civil law.The innovation of the thesis can be summarized into three sides.First,the authorseparates the unit and the people of the unit.The proposal is to consider theinstitutional defect of the unit itself and judge the establishment of the unitcrime.Second,the author suggests that the legislation should not limit the range of theunit crime.In other words,unit crime can exist in all kinds of crimes which peoplecould commit.Third,the punishment of unit crime should use double-penalty.And thesingle-penalty shouldn’t exist in the unit crime.The legislative suggestion of theauthor supplies a new angle of view to consider the unit crime.