Unit Behavior From Perspective Of Criminal Law

Unit Behavior from perspective of criminal law acts as the factual basis for the appraisal on the unit crimes. Unit Behavior has both close link and dramatic difference with the behavior of natural person. When viewing the Unit Behavior from perspective of Criminal Law, we should absorb the related knowledge and methodology while keeping the unique angle of criminal law. Only under such a circumstance, could we pick up what we need most.The research on Unit Behavior from perspective of criminal law aims to distinguish what sorts of unit behavior should be adopted into the research area of criminal law. With such a consideration, this paper generally addresses the meaning of "behavior" in the view of criminal law, then the signification and function as well. In order to prompt the consolidating function, combing function and limiting function of criminal law, we should focus on the followings: the principal, will, pattern and liability of unit behavior. This paper adheres to the above path closely. As to the principal of Unit Behavior, this paper discusses the meaning andcharacteristics of Unit Behavior viewed from the criminal law, using the concept of Legal Person from civil law. Also, this paper probes into the heatedly debated topic of whether the administrative organ, subsidiary, inner organization and private enterprises should be deemed as the principals of criminal law.Based on the analysis on the meaning and characteristics of the will of Unit Behavior, this paper, combing the cases analysis, puts the emphasis on the forms and carrier of the unit' will and studies the relations among the various parties including the nominal body, decision-making body, authorized person, unit interest and unit will. After that, this paper draws the conclusion that the will of unit should be reflected by the comprehensive factors including the existence of unit will, proper expression and the interests attached to the unit. As to the behavior patterns controlled by the unit will, this paper assorts them into three and makes detailed analysis thereafter with the assistance of studies on unit surrender mode. It is well-known that the criminal penalty acts as the most of the unit liability, so this paper, based on the retrospect of the theorem and practices of the unit criminal penalty, puts forward the arguments on the issue, especially on whether the liability of natural person could be brought upon on the behavior conducted by the unit while could not be deemed crime under the current laws and regulations. Most importantly, this paper agues that the Theorem of Denial on Personality of Legal Person should be introduced to deal with such a issue.The aims of studies on the unit behavior from the perspective of criminal law is to make clear the true meaning of unit behavior, and with such a foundation, to specify the scope, analysis path, and liability burden, etc. Compared to the behavior of natural person, the complexity of unit behavior exercise great influence on the judicial practice, evencausing the new diverge on the identification of natural person crimes. So, we could say that specifying the nature of unit behavior has profound impacts on the sound performance of the criminal law.Currently, the researches on the unit crime scatter upon one or several issues, turning out to be inconsistent and incomplete. This paper attempts to make a consistent study on the related topics using the Unit Behavior as a main link. We argue only with such a systematic approach, could we learn the unit crime clearly and tackle the problems much more effectively. Also, we can study the unit crime with a much more comprehensive and rational perspective.