Subject Of Unit Crime

Unit crime can be called corporate crime in the criminal law theory. For the legal mechanism of unit crime, no matter in overseas or in domestic, it has experienced a developing process. The subject of unit crime is the key to the study of unit crime. For us, taking unit as the criminal subject to have a legal analysis is helpful to grasp the subject of unit crime 's theoretical category. Thus, we can discriminate some units correctly whom can be taken as the criminal subject to investigate criminal responsibility from the judicial practice . But there are divergences in the study of criminal law theory, such as the characters of the subject of unit crime, the scope of acknowledgement, etc. At the same time, the legal regulations to the unit crime are not perfect enough, which brought difficulties to the judicial practice and became the origin to some problems. So, through the analysis to the characters and structures of "unit", this paper intend to establish the unit crime's subject standard, which combines the legislative and judicial interpretation to analysis the Criminal Law's unit crime subject (such as company, enterprise, institution, organ, group etc.) concretely. This paper also analyzes on every controversial subject and provides the suggestions if it can be listed to the scope.. In this paper, I will put my concept analysis on the first step in logical and make sure the characteristics of unit crime subject. Then, study on all kinds of concrete units. Finally, summarize my own opinions from the perspective of practice and application.The first part is the legal analysis to unit crime subject. First, discuss the definition of "unit", then give the definition of "unit crime". Second, analyze the ontology to unit crime subject. It explains the basic characteristics of unit crime subject should have there aspects: relative independence, organization, legitimacy. Relative independence reflects that the unit's will should independent relatively on the will of personnel of the unit. The organization reflects that there must be certain organization mechanism in the unit, which is the characteristic on the structure. The legitimacy reflects that unit's establishment procedure, purpose, services and existence must be legal. Independent property and fund are the basic rules for the legal person. So, "property" is not the characteristic of unit crime subject. "Characteristic" is a kind of value judgment outside of the criminal legal; however, criminal responsibility is the inner value judgment. So, "criminal responsibility" is not the characteristic of unit crime subject too.The second part is to analyze the scope of unit crime subject for detail. First, to inspect the subject's scope from the perspective of static. According to the 30th provision of Criminal Legal, only company, enterprise, institution, organ and group can be the unit crime subject. It explains that one-man company, private enterprise and state organs can be the subject. Second, to inspect the subject's scope from the perspective of dynamic. It states that it should inspect the construction unit, in-change unit and lost unit. Third, it analyzed the relative special problem of the unit crime subject in the judicial practice and discussed the concrete condition that joint enterprises and contract lease enterprises are taken as the unit crime unit. It discussed the main reasons of village committee and resident committee to be the unit crime subject.The third part is to have a delicate analysis for the relationship between unit crime subject and responsibility subject. It used the theory of compound subject to interpret the responsible personnel's legal status, and elucidate that some responsible personnel can not be the subject. thus, it explains the evidence is according to the unit's independence.The fourth part is to summarize the advantages and disadvantages for the legislative mode and give legislative suggestion. From that, I can give the following suggestions: adapting "legal person and ordinary person organize crime" to take the place of unit crime; eliminating the apposition of "company" and "enterprise" and eliminate "company" from the scope of unit crime subject; listing village committee and residents committee to this scope. Above all, the current criminal law should make further clear and perfect for the relative problem of unit crime subject, so that it can reflect the reality of the society's development and make up the deviations between theory and practice.