On The Subject Of Unit Crime

The unit of the our country penal code provision commits crime, ising a behavior that serious bane to point the company, business enterprise, business unit, organization, group, seek the illegal benefits for this unit, study collectively through the unit decision or be decided by responsible for personnel puts into practice is social and violate the penal code and promise a load of pertaining to crime duties by law. The unit crime has four basic characteristics:An is unit that corpus characteristic, put the criminal offence must have the unit crime corpus qualifications into practice;Two is characteristic that purpose that subjective aspect, criminal offence must through unit collective research decision or from responsible for personnel the decision puts into practice, subjective ascend to have to seek the illegal benefits for this unit;Three is bane behavior that objective aspect that characteristic, the unit puts into practice the our country penal code clear statement provision forbids the unit to put into practice;Four is criminal offence that a characteristic, then the unit puts into practice resulted in to the society to endanger seriously. The unit crime corpus is a company to pointed to puts into practice social behavior in serious bane, should to undertake the pertaining to crime duty according to the penal code, business enterprise, business unit, organization with the group. The unit becomes the crime corpus, must have four important items, establishing by law namely, owning the certain property with the budget, have own name and organizes organization with movable place, have the pertaining to crime duty ability with undertake the ability of the pertaining to crime duty by law.Calling legal person( unit) crime corpus, British and American methods department nation very much it is a legal person, the our country calls it as the unit, the mainland method department nation then rule more detailed. But international community to the unit crime corpus outside the define that postpone is basic consistently, all include the legal person to organizes with the illegal person. Owing to the unit is not a strict the law on the meaning concept;The organization conduct and actions unit crime corpus causes by all means the absurd conclusion that nation commit crime;Place the blame for by law establishing, can independence undertaking unit branch organization and insides of the pertaining to crime duty establishing section by oneself deciding the crime that puts into practice on the unit, conflict with with basic principle in complacent penal code in responsibility for;The people does not the business enterprise unit is engaged in the nonprofit social service activity, having with the kind characteristic that business unit resembles. Suggest to establish the section in perfect unit crime corpus lawmaking, adopt" legal person with illegal person organize crime", cancel the provision that organization be used as unit crime corpus, clear and definite unit branch organization and to do with the people not the business enterprise unit can become the corpus of the unit crime.