Discussion On The Rationality To The Legislation Of Unit Crime

Since the 1980 s, China is in the policies of reform and opening to the outside world will continue the rapid development of economy and the deepening of the historical period, a unit which commits a social development of utilitarian and recorded in the criminal law of the crime; the theory is not fully prepared, so the problem of unit crime since entering the criminal law of the people’s Republic of China research field since experienced several heated discussions. The Standing Committee of the National People’s Congress 24 April 2014 released on the interpretation of Article 30 of the legislation of the criminal law of the people’s Republic of China, because of the legislative interpretation unit crime stipulated in members of the unit criminal responsibility cognizance and punishment to criminal law theoretical circles for a long time disputed problems, especially in recent years the unit to implement the non-unit crime criminal responsibility, produced the difference between crime and non-crime, so the introduction of the legislative interpretation is in unit crime in view of criminal law for nearly 30 years, and a will of unit crime promoted the academic discussion climax. In this paper, based on the impact on China’s existing legal system in the legislative interpretations promulgated, by to the criminal responsibility of the unit crime basic theory of unit crime and the unit and its members to clarify and analyze and discussion of legislative interpretation rationality, on the interpretation of the legislation of unit crime applicable to propose reasonable suggestions.This thesis is divided into three chapters besides introduction.The first part, The unit crime legislation explanation to the existing legal system. This part mainly through legislative interpretation background analysis, understand its substance as well as the differences of theory, and combining with the legislative interpretation has followed for the impact of the current legal system in our country, a comprehensive understanding of the nature of the legislative interpretation. By combing on the above problems, this paper puts forward, while the legislative explanation on the surface to solve some difficulties in the judicial practice, but also the theoretical differences as well as the new problems in the judicial practice, therefore, for the rationality of the legislative interpretation shall be rational analysis.The second part, The unit crime legislation explanation to rational analysis. In this section, based on the legislative interpretation and unit crime and natural person crime analysis from three aspects, it is concluded that the legislative interpretation specifies a different from the unit crime and natural person crime new crime type, as for the unit crime legislation the following definitions apply ideas suggested that provide the theoretical basis, at the same time to make elaborate below.The third part, The unit crime legislation explanation conception of application. The third part through the interpretation and analysis of the first two chapters, clear legislative explanation crime types covered by the actual properties and characteristics, combined with the actual situation of the legal system of our country, the difference of specific provisions of criminal law in our country and the classification, the application of the legislative interpretation put forward reasonable Suggestions, to carry on the reasonable correction, in order to better solve the problems in the judicial practice.