On The Criminal Liability Of Unit Crime

Article 30 of Criminal Law regulates unit crime, but it's not very clear about the concept of unit crime, the criminal liability of unit crime, and the foundation of this liability according to this article. This thesis provides some clear definitions on the unit crime .The author has analyzed the foundation of the criminal liability of unit crime from philosophy and law science .The foundation on philosophy is that the will of the unit is independent of its members, and this kind of will is relatively free; The foundation on law science is respected form law and fact. The subject of the criminal liability of unit crime includes the range of the subject and it's stucture. The latter includes two levels: the first refers to the status and relations between the unit and the direct persons liable; the second refers to the relations between the persons liable. The author has put forward a theory while describing the first level, which thinks that the personality of the unit is a kind of "individual liability". While describing the second one, the author thinks it is not necessary to distinguish principal and accessory within the direct persons liable. In the last part of the thesis, the author has expound how to realize the criminal liability of unit crime and put forward some proposals on whether there is Confession of its offense or Repeat offender and the way to realize the criminal liability of unit crime.