Study On The Subject Of Unit Crime

The subject's problem of unit crime is the key and core in research of unit crime. With one person's company admitted by new Company Law and the railway transportation intermediate court in Wulumuqi tried publicly because of the suspect of unit bribery, a new deep discussion about subject of unit crime was aroused in the field of criminal law's education. It indicated, there were still many confusions about the subject's problem of unit crime. The traditional theory of criminal law took the theory of the real legal person as the basis of criminal responsibility of unit. But the basis is doubtful. Admitting unit itself has no idea and action, and it just obtains idea and action that are transferred from natural person of unit. The theory of criminal law must make this compromise and concession, if it will establish criminal responsibility of unit. Meanwhile, the field of criminal law's education has many disputes about composition, characteristic, ranges of unit. These problems must be recongnized and clarified further. The appearance of concept of criminal personality has no blame. But theory of complete lawful personality should not be advocated. Connecting the knowledge of civil law, the essence of capacity of criminal responsibility is capacity of crime. Because the diffence of unit crime and natural person's crime in rules of criminal law and the diffence of compelled measure for unit crime and natural person's crime, it is necessary to deny capacity of criminal responsibility of unit, namely unvail unit, investigate the responsibility of natural person direct.