Study On Several Issues On Unit Crime

With the establishment and development of the market economy system in our country, the economic action of the units such as corporation is active very much. In order to get profit more and more units use illicit or committed means to achieve illegal purpose, and the situation is more complicated and serious than has ever been. As the same time, by reason of the slow theory research and the legislation going ahead, some legislation defects of unit crime turn up increasingly. There are many practical problems difficult to solve. Therefore, the writer makes some necessary studies from several obvious problems on unit crime. The whole thesis is written in four chapters. The first chapter is the subject of unit crime. The writer discusses two problems in this part. Firstly, the subject of unit crime whether includes natural person or not. Whether it has one subject or two subjects on earth? Secondly, the subject of unit crime whether includes own corporation and state institution or not. The writer thinks that the subject of unit crime is only the unit without natural person as the unit component. In the occasion of unit crime, the behavior of natural person is the component of the unit criminal behavior, controlled by the unit criminal intent or negligence. Natural person in the unit incur criminal responsibility because that they are one part of the unit. In fact, it is a complete punishment. The subject of unit crime has only one part that is the unit. Private enterprise and state institution can be the subject of unit crime. In our modern society, private enterprise is different from the old model. It has independent status different from person. We cannot eliminate it from the range of the subject of unit crime only because of its different ownership mode. It is corresponding with our situation at present that regard the state institution as the subject of unit crime. Although it means self-punishment in logic that punish the state institution as the subject of unit crime, we cannot contradict its subject qualifications. We should adjust some aspect of the punishment system to resolve the problem. The second chapter is the subjective aspects of unit crime. The unit is a subject drew up by the law. It cannot understand and realize the things like natural person. The unit volition comes only from natural person volition as the unit component. The unit volition brings from the discussion of the unit decide institution in some time, and shows the legal representative's volition in other time. The subjective fault includes criminal intent and negligence. The unit action without the purpose of benefit can also make dangerous consequence that should punish by the criminal law. We cannot think that it isn't unit crime only because that the behavior has no criminal purpose. In fact, there are many rules showing the criminal negligence in the specific provision of the criminal law. The thesis studies the unit supervision negligence when discussing the content of the subjective aspects of unit crime. The unit has the supervision duty to the staff's illegal behavior in the unit action. If the staff do criminal things because that the unit doesn't fulfill the supervision duty, the unit should undertake the criminal responsibility. It is common in practice that persons in the unit crime because of the system defect as a result of weak supervision. So if we introduce the supervision negligence representative, it will be in line with the law meaning, and will be favorable to achieve the purpose of punishment. Certainly, the supervision negligence representative is presumption. When it has sufficient evidence to prove that the unit has fulfilled proper supervision duty, the unit can be free from the criminal representative. The third chapter is the distinction of unit crime and person crime. Theperson as the component of the unit is an auxiliary and independent one. The person's criminal behavior in the unit action may be not only unit crime but also person crime. It is necessary to distinct. The writer assays two situations in this part. The first one is that it is unit or person crime when the person offence criminal law with the name of the unit. The writer thinks that we cannot judge it unit crime only considering that the illegal income belongs to the unit, or that the behavior obtains benefit for the unit. In fact, some unit crime has no illegal income, and in some time, it cannot make true conclusion of the subjective purpose only by means of the objective result, and even get the inverse conclusion at all. The substantive distinguish of unit crime and person crime lies in that the volition controlling the action is the unit or person volition. The unit action controlled by the unit volition is unit crime. It is the full factors that where the illegal income belong to or if get benefit for the unit when we distinct unit crime and person crime. The second one is that the crime that can only be natural person crime in our criminal law carried out by the unit is unit crime or person crime. The typical case is the unit theft. The writer agrees with the point that it is person crime. However when the unit steals electric energy, resting on our criminal law and the electric energy law the writer still thinks that it is unit crime. The fourth chapter is the system of punishments of unit crime. Our criminal law takes two means to punish unit crime. The main means is to punish not only the unit but also persons who have the liability to the behavior. The subsidiary means is only to punish persons who have the liability in the unit action. The system of punishments of unit crime is perfect comparatively, but still exists hereinafter problems. The means of punishment to the criminal unit is too single, result that cannot fit in with the more involved and serious condition of unit crime, and the purpose of the punishment is difficult to...