Study On Some Difficult Problems Of Unit And Natural Person Joint Crime

Unit crime is a very complex problems, internal contain many problems, it becomes much more complex when together with joint problem, unit and natural person joint crime has special significance, it contains two different bodies, has its own characteristics, damages to social economy heavily, worthy of more in depth study and exploration. At present, there are many issues, this paper is mainly about some difficult problems on unit and natural person joint crime.The first chapter, I want to talk about the unit and natural person can establish joint crime and analysis the reason.The second chapter, mainly talk about the subject condition and some difficult problems existing among them, the main problems include : how to identify the persons directly responsible for a unit interior and the unit joint crime, how to define the unit agent and the unit joint crime, how to identify the superior leadership and the unit joint crime, how to identify one company and natural person joint crime, how to identify private enterprise and the establishment of joint crime of natural person.The third chapter, mainly talk about the subjective condition, the point is whether the one-side joint crime exist in the unit and natural person joint crime.The fourth chapter,mainly talk about some problems about the unit and natural person criminal responsibility in joint crime. For example, joint implementation on some of the more prominent problems of identification of criminal responsibility of unit crime of pure, how to define when unit and natural person joint crime different crimes, the criminal responsibility between unit and natural person is the external responsibility, the criminal responsibility of the unit internal personnel related shall be divided in the determination of the principal and accessory, so as to achieve the right of sentencing.The problems in this paper, whether in theory or in judicial practices, the argument is going on, has not formed a united conclusion, the judicial practice has caused confusion, the author through the collation and after discovering these problems, form my own views.