Economic Analysis Of Crimes Committed By A Unit

Because of the theory of The Crimes committed by a unit and practice is conflict, Starting from the economic analysis to Explain The Crimes committed by a unit. The Crimes committed by a unit can be set up reasonable definition of the crime unit and the main principles of criminal punishment . the three types of trade, i.e. negotiating trade, managing trade and identify-donation trade, this paper holds that the crimes committed by state agencies, institutions and the parties that deal with managing trade cannot form the crimes committed by a unit. What is more, this paper studies the state enterprises from the aspects of formation, reformation and development and proceeds to analyze its practical operation and gets the conclusion that state enterprise is not real enterprise, for its main function is to offer public services, so the nature of its criminal action is the natural personal crime due to the misuse of authority of the directly responsible person. Hence, it cannot form the crimes committed by a unit. In the market economy, the privately owned enterprise is the special agreement of the human capital and the non-personal capital, and it only deals with negotiating trade, therefore, the crimes committed by the private enterprise is regarded as the crimes committed by a unit.The Crimes committed by a unit is the criminal volition of the natural person ascending to the volition of a unit through a certain procedure, and it is actually committed by a natural person arranged and authorized by a unit. Therefore, the punishment for the crimes committed by a unit should be doubled. Through the economic analysis of the crimes committed by a unit which deserves single punishment, the author claims that the false crimes committed by a unit, representing the crimes privately owning state asserts, is the crimes committed by a natural person in nature. In the measurement of the punishment for the crimes committed by a unit, the author holds that after the completion of the crimes committed by a unit, there exists two punished entities and in the meritorious performance there are pure meritorious performance of a unit, meritorious performance of a directly responsible person, and the common meritorious performance of unit and person. Therefore, we should adhere to the principle of "Those who have meritorious performance should be benefited" to abate the punishment. The directly responsible persons may also form recidivist. The directly responsible person of a unit is the natural owner and controller of the human capital, and should be punished heavily if he or she accords with the regulations of recidivists no matter for the crimes of a natural person or a unit to be punished more than two times.