Research On Judicial Identification Of Main Body Of Unit Crime

Unit crime has been a focus of both theoretical and practical judicature since itwas defined. The variation of the judicature has caused problems to judicial cognizanceof unit crime’s main body. The root of those problems is on the confusion of basictheories on unit crime, which leads to the ambiguity in judicial cognizance. To ensurethe consistence of judicature is to solve those issues in the judicial practice. The paperstarts from the current problematic situation of judicial cognizance, and gives a briefsummary on complications of it. Based on the criminal law, a theoretical solution isbrought up for judicial cognizance of main body of unit crime. With that has beendefined, a category is drew to distinguish internal, and motion of corporate crimes tofurther alleviate practical issues of their judicial cognizance and ensure the consistencyof the practice of judicature and the intent of law.Part one: a brief introduction on unit crimes’ main body from internal to externalof static unit crimes.Part two: identification on issues of judicial cognizance on unit crimes. Asummary on the complications of current of judicial cognizance on unit crimes at bothinternal and external perimeters among which there are directly responsible managersand other responsible crews in the internal of unit crime’s main body. There have beengreat debates on how to distinguish their relations. At the external scope, non-legalpersons, on-person corporate, national bureaus,‘detector firms’ and ‘debt pursuingfirms’ are the focuses of those complications. From a motion point of view, units’self-assembly, breakdown or bankrupt all have their own difficulties.Part three: a theoretical solution is brought up for judicial cognizance of mainbody of unit crime. Identification on the essence, discourse and criminal responsibilityof unit crim. Based on the criminal law, a theoretical solution is brought up for judicialcognizance of main body of unit crime, which is to define both its internal and externalessence. On this basis, pointed the way out of the subject of unit crime judicialcognizance of the crux of the plight of the theory, the theoretical status as anindependent unit subject of a crime shall be established as patterns of crime, identifiedthe units subject of a crime of criminal capacity, from which to grasp the nature andstructure of its implementation unit the crime of criminal capacity, as well as a clearsubject of unit crime foundation of criminal responsibility as an independent overall responsibility.Part four: Subject of unit crime theoretical guidance, specific solutions to the subjectof unit crime of justice finds that predicament. Subject of unit crime internal andexternal range and dynamic units clearly practice way out of their predicament.Internal range, combined with a range of internal staff in the unit structure identifiedcrimes committed by unit directly responsible person in charge and other personsdirectly responsibility, and at the same time established to distinguish between the twomaster-slave relationship. In the external range, the ability to be identified,corresponding to the above plight combine the unit crime subject of a crime units tomeet the main essence of the main structure of the unit crime, combined withsubjective and objective consistent principles identified. Unit subject of a crime can bea subsidiary body of the subsidiary bodies of the units in the illegal units and foreigncompanies, enterprises, and institutions. One company should set up a unit of crime aswell as national authorities to become the principal possibility of the crimes committedby units. Dynamic units, the specific combination of units of the basis of criminalresponsibility to establish the units under construction, the criminal responsibility ofthe merger discrete units and units disappeared.