Units To Natural Person Crime Research

This paper so as to implement natural person crime unit as the research object, by members of the unit crime units in the main body and the basis for the theory of criminal responsibility, and combined with the problems in the case of comparative analysis, the personal behavior and artificial unit behavior really, really the victim-individuals and artificial punishment subject-unit, constitute the main body of punishment censure. For implementation of the natural person crime unit subject, theory on the way out finally depends on the revision of the penal code, through the way of repairing method comprehensively to establish natural person crime and unit crime dual legislation pattern, will be completed only by the natural person’s own body movement of crime ruled out in the unit crime, and supplemented by the examples of published guidance to lead to social behavior itself.This paper is divided into four parts except preface and epilogue:Unit of the first part, mainly introduces the implementation of the practice of the natural person crime cases and trigger a statutory principle understanding on unit crime debate and unit can implement natural person crime debate.The second part, the judicial interpretation on the implementation of a natural person in the unit crime. On unit body, natural person crime problem, China’s highest judicial organ is within the scope of their respective functions and powers tried to rule out this practice, but also because of the different positions held by the respective, handling of the same problem is less uniform judicial explanation are given, which makes the already contradictions unit crime problem.The third part, on the unit for implementation of natural person crime debate. There are negative, and said, surely and compromise three point of view, the author agrees with certain said that when the unit subject carried out criminal law explicitly stated in the specification of a natural person crime, for the members of the unit in the constitutive requirements of natural person crime punishment, in order to make up for the inadequacy of legislation.The fourth part, the unit to implement natural person crime. For the special form of unit crime, namely the unit by a natural person crime, how to evaluate and entered the view of the criminal law evaluation, also comes from the understanding of the unit crime the criminal responsibility. In reality of criminal legislation is fully recognized units independently set up based on the related problems of criminal responsibility of deduction. Organization responsibility and member unit of independence, the dependency properly exposed bear the blame of the criminal law basic unit and the unit members, and conforms to the actual expressed in legislation in our country. As for the final unit can bear criminal responsibility, because of the conditions of a legally prescribed punishment for a specified limit can only hope that the adjustment of the criminal policy in China in order to expand the scope of the establishment of the unit crime.