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On The Responsibility Of Crime By The Unit And The Improvement Of Criminal Law Legislation In China

Posted on:2010-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:K ZongFull Text:PDF
GTID:2166360275456664Subject:Criminal Law
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China's traditional theory of criminal law is based on the studying of Constitution of Crime and Criminal Responsibility of Crime committed by Unit that are based on the Constitution of Crime and Criminal Responsibility of natural persons. But the researching on the Crime committed by Unit is gradually in-deep with the growing phenomenon of Crime committed by Unit in our economic and social life. Among these, the most basic and controversial are the Criminal Responsibility of Crime committed by Unit and the issue is rich in the legitimacy of Criminal Responsibility of Crime committed by Unit. There are positive and negative points of view: whether the Unit should be punished and held Criminal responsibility or the Unit should be the subject that can be held Criminal Responsibility or be punished by Criminal Law.In addition to the introduction and conclusion of this article outside, the article includes the following four parts:Part I: Description of the Crime committed by Unit. This part discussed the following three questions: The first, the Overview of criminal law Criminal law legislation of domestic and foreign on the Crime committed by Unit; The second, The conception of the Crime committed by Unit; The third, the Constitution of the Crime committed by Unit.Part II: The theoretical basis for criminal responsibility by Crime units. This part discussed the following three questions: The first, The theoretical basis for criminal offenses by the units in Foreign; The second, the theoretical basis for criminal offenses by the units in our country; The third, The analysis for the theoretical basis of criminal responsibility of the Crime committed by Unit.Part III: The model of imputation criminal responsibility of the Crime committed by Unit. This part discussed the following three questions: The first, Single penalty system; The second, Dual penalty system ; The third, Mixed-mode penalty system. Through the researching on existing imputation models of criminal responsibility of the Crime committed by Unit to look for the best imputation models of criminal responsibility of the Crime committed by Unit.Part IV: the Defect and Perfection of criminal responsibility of the crime committed by Unit in Our country on criminal law legislation. This part discussed the following two questions: The first, China's Legislative defects on Criminal responsibility of Crime committed by Unit; The second, China's Legislative perfection on Criminal responsibility of Crime committed by Unit.
Keywords/Search Tags:Crime committed by Unit, Constitution of Crime, Criminal Responsibility, Imputation model
PDF Full Text Request
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