Affirmation And Negation On Qualifications Of Unit As Criminal Subject

As one of important systems in the Criminal Law of China, the unit crime is involved in more than 200 accusations and has already been put into practice for 20 years since it was firstly formulated in the Customs Law which was adopted in 1987. However, there is still no definite definition for unit crime in the legislation and the debates on the subject of unit crime never go away. Such preceding present states bring big harassment for the affirmation of the unit crime in the practice. Due to these, the thesis mainly researches the issues of affirmation and negation on the qualifications of unit as crime subject, which starts with the construction and essence of the unit and then brings up the formal and substantive criteria to the qualifications, in order to eliminate the misunderstanding and provide the relatively definite criteria for judges to deal with the cases concerned the unit crime.Except the preface and the conclusion, the thesis consists of four chapters. Chapter One is a summarization on the subject of unit crime. As the beginning of the research, it mainly introduces the definition, essence, constitutive elements and the operation mechanism of the unit. Chapter Two points out that the qualification of unit as criminal subject includes the formal elements, namely the validity, the organization and the independency, and the substantive element that is the capacity of criminal responsibility. Then it analyzes the concert content of each formal element. Chapter Three shows the specific judgment methods to the capacity of unit criminal responsibility by discussing the substantive element of the unit as criminal subject. Chapter Four emphasizes the negation on qualifications of unit as criminal subject and mainly discusses the problems of decriminalization on the organs and the companies.The thesis is firstly particular in the visual angle. According to unit's requirements, the author points out that an unit is composed of four key factors, i.e. goal, member, property and organization, which influence the formal and substantive elements on the qualifications of criminal subject as an unit. As the core factor, the goal makes the organs completely have no the capacity of criminal responsibility. Secondly, the thesis is particular in the point of view. The author puts forward some unique views on the formal elements, such that the independent property is crucial to the units' independent personality but it is not an independent formal element and it is not limited to the existed property. The author creatively induces the characteristic and main content of the capacity of criminal responsibility and also explains the practical judgment standards of the "in the name of the unit" and "for the interests of the unit" in a special way. By the comparison of the disregard of corporate personality system to the negation system on the qualifications of unit as criminal subject, the author proposes that the disregard of corporate personality system can not be totally used in the criminal field. Thirdly, the thesis is particular in the practice of the research results. The author provides the main idea and method to judge the unit crime and the way to apply laws for the negation on qualifications of unit as criminal subject, which are easy to use with better maneuverability and also have reference values for the practice.