Research On The Subject Of Unit Crime

Since 1997, our country criminal law a comprehensive admitted on that unit crime, unit crime in our criminal law scholars, gradually from whether there is unit crime into research on the specific form of unit crime.With the perfect of the unit crime legislation and the development of judicial practice, research on the theory of unit crime has gradually deepened, the emergence of a large number of monographs and articles about unit crime.In recent years, scholars of the theory related to the subject of unit crime has conducted the thorough research, but in many problems have not yet agreed on.The author based on collecting the previous academic achievement, studied the controversial issues of the subject of unit crime by the logic analysis method.This paper from the concept, characteristics, scope of the subject of unit crime are discussed, in addition to the introduction, the full text is divided into four parts:The first part is the theoretical research on the subject of unit crime, introduced the concept and characteristics of the subject of unit crime, expounds the theoretical basis of the criminal responsibility of the unit.In the analysis of unit body monism of defects at the same time, the rationality of subject from multi angle demonstration unit crime dualism.The second part is the discussion on the scope of subject of unit crime,, definition of unit crime in organs, one man company, partnership, tier two units of the main qualifications, phase difference and a criminal group.The third part discusses the subject qualification of unit crime negativism, compare it with the theory of legal personality denial in civil and commercial law, and further introduces the criminal law applicable unit subject qualification negation theory situation.The fourth part discusses the constitution of the subject of unit crime, cognizance based on competent personnel directly responsible and other personnel on duty,Discusses the relationship between the internal units directly responsible personnel and units,Denial of the unit and its personnel directly responsible for common crime, affirmation between the unit directly responsible personnel joint criminal relationship.The fifth part is the subject of unit crime legislation situation introduction.Analysis on the unit subject based on legislative defects, puts forward some corresponding legislative suggestions.Based on the useful experience of foreign legislation and at the same time, based on the current judicial practice, our country should improve the subject of unit crime legislation as soon as possible, to provide a more effective guarantee for preventing and combating crime unit.