Study On Constitution Of Unit Crime

This thesis of the study on constitution of unit crime consists of six main parts.Part one is the introduction. After analyzing several representative opinions about the concept of unit crime, the thesis puts forward that, the unit crime refers to a kind of behavior which is against social benefits and is prohibited by criminal laws; and it should be looked into criminal responsibilities; under the control of unit will, this kind of behavior is carried out by the person in charge and other direct responsible personnel of corporations, enterprises, institutions, organs, or organizations. And the thesis also proposes the concept of the constitution of unit crime.Part two analyzes the subject of unite crime. After the analysis of the characteristics of the subject, it expounds the effect of legal existence and independence on the unit's ability of criminal responsibility. According to the regulations of Article 30, the Criminal Law of the People's Republic of China, it analyzes respectively the qualification of criminal subject of corporations, enterprises, institutions, organs, and organizations. Then, on the basis of the approval of the theory of single subject, it analyzes the responsible persons who are directly in charge of the unit or other personnel who are held directly responsible for the unit crime.Part three explores the subjective aspects of unit crime. It analyzes the characteristics of unit's criminal will, kinds of the culpability of unit crime, and it points out that purpose and motive are not necessary factors of all the constitutions of unit Crime. There are still some fortuitous events that do not result from intent or negligence but rather stem from irresistible or unforeseeable causes.Part four explores the object of unit crime. It analyzes the regulations of the Criminal Laws on several kinds of crime. It presents that the same kinds of objects should include eight aspects.Part five explores the objective aspects of unit crime. After the analysis of the characteristics of unit crime, it proposes the means to differentiate the behaviors of unit crime and individual crime, and it classifies the behaviors of unit crime.In combination with the difficulties of judicial practice, Part Six proposes several pieces of advice on the legislative modification of the constitution of unit crime.