Units The Subject Of Crime Research

Since the unit crime was born, there has been much domestic and foreign research related this question , but research about the subject of unit crime specially is little in number.At this point, admitting the unit crime has been the mainstream of the criminal lawtheory and the criminal legislation. But,the difference existing in the base which the unit subject undertakes the legal responsibility as well as to which based on to recognize the unit subject causes the judicial practice and the criminal legislation comes apart. This becomes the root which many difficult disputes questions produce.This article mainly centers on the above question .The first part of this article focuses on the unit subject itself to analyze, proposed that the constitution unit subject of crime must have the validity, the organization sense, the independent property or funds and the certain independence four forms characteristics. The validity is the qualifications premise of the unit subject, the independent property or the funds are the unit subject qualifications material base and the safeguard, the organization sense causes the unit subject to become a whole system to be distinguished from natural person and its loose union, the certain independence enables the unit subject by own nominal decision-making, the motion and differentiates with other subject. Four forms characteristics are indispensable. Legal responsibility ability is the substantive characteristic which the unit subject of crime should have.The second part of this article enters to the legal science analysis of the unit subject.It proposes that the unit subject of crime is an individual subject with legal responsibility ability, and proposes in the establishment of the concept "the association personality" in criminal law. The unit subject taht has the association personality has the main body qualification of the unit crime.In essence, the unit subject of crime is a social system, moreover is a personification social system; It has its own will and behavior, has the crime ability and the penalty adaptiveness, thus it has the legal responsibility ability. The unit subject of crime legal responsibility essentially is the overall responsibility.Having the association personality is the foundation of which that the unit has the legalresponsibility ability . The association personality's basic requests are: having independent property or funds, can in the certain scope, independently make decision and development, can undertake the relative responsibility. Having the relatively independent capacity and certain property or the funds is the premise and safeguard of the association personality , but the unit will and the unit behavior integrity is the concentrated expression of the unit association's personality. The significance of association personality lies in that it has made the unit clearly an independent entity and it can not be confused with member's personality.In fact, the form characteristic and the substantive characteristic of the unit subject of crime are intrinsicly unificated. The form characteristic is the external performance and the judgemental basis; The substantive characteristic is result to the form characteristic's theory analysis. But the concept of association personality has manifested their union.The third part of this paper ,in the instruction of above theory ,unified with our country's criminal activity legislation, judicial as well as the unit crime's reality,conducts the research to certain dispute questions, and put forward own proposal to our country unit crime's judicial practice and the legislation perfection.