A Study On Joint Crime By Units In Judicial View

A unit can be the subject of joint criminal, which has been recognized both in theoryand in practice. Joint crime by units has been an essential part of unit crimes. This type ofcrime frequently occurs. Although general principle and concrete principles of ChineseCriminal Law have identified the position of the crime of this type, the provisions aboutjoint crime still are limited to traditional joint crime by natural persons. It is because of thelack of statutory provisions and the lack of further research on joint crime by units thatthere are many issues on its judicial identifications that need new legislations and academicdiscussions. On the basis of present academic fruits on it and the theory on joint crime bynatural persons, this thesis will analyze how to determine it and how to sentence it, in orderto contribute to the consummation of its theory and operation to establish a legal systemabout it that complies with basic principles of criminal law and is coordinated withtheoretic system on joint crime by natural persons. This 40,000—word thesis includes 4 chapters, namely, general introduction about joint crime by units, the conditions of joint crime by units, the determination of joint crime by units, the sentencing of joint crime by units. The epilogue illustrates the reasons why I choose joint crime by units as the topic of the thesis and the significance of the research. 3Chapter one generally introduces joint crime by units. Due to the lack of explicitprovisions about it in Chinese Criminal Law, firstly, I will explain whether a unit cancommit joint crime and present 4 reasons to confirm that a unit can be the subject of jointcrime. Secondly, because the unit is a particular subject of the crime, I will compare jointcrime by units and joint crime by natural persons from 3aspects, to establish the concept ofsuch crime and its manifestations. Chapter two illustrates the conditions of joint crime by units. That needs further review,due to structural and substantive discrepancies between joint crime by units and joint crimeby natural persons and the specialty of the unit as a subject of crime. The chapter discussesthe subject, the subjective and the objective of such crime in detail. Particularly, the chapterputs an emphasis on such controversial issues as the requirements on the unit and naturalperson as the subject of joint crime, whether an inner member or an agent of the unit cancommit such crime jointly with the unit, whether the inner responsible members of the unitcan commit jointly such crime, and give personal opinions about them. Chapter three revolves around the issue of how to determine joint crime by units. Thechapter is composed of 2 sections. The discussion aims at 2 difficult issues in practice. Oneis whether an ordinary unit can commit jointly such crime with a particular unit and how todetermine the crime of their respective part. The other is how to determine a crime of anatural person's part who is not member of a unit and commits a crime with the latter. Asfor the determination, the latter is more frequent than the former. However, it is morecomplex to handle the latter than the former. Thus, in the latter part of the chapter, I forwardpersonal opinions about the determination of the crime of natural person and that of the unitin 2 categories. Chapter four analyzes the sentencing of joint crime by units. Referring to the criteriaof distinguishing chief criminal and accessory in joint crime by natural crime, the chapter 4discusses how to distinguish chief criminal and accessory in joint crime by units to definethe scope of liable persons and how they bear the responsibility. Then, it continues toexpound the significance of the amount in the sentencing in such crime and therequirements of determining it. Finally, I expound the scope of the sentencing and thecriteria of...