Some Problems Concerning The Unit Crime

Law, build a socialist country under the rule of law, is China’s basic state policy. Criminal law as contemporary legal extremely important content, in China’s socialist legal construction process played very important role. Among them, the unit crime along with the rapid development of China’s economy. At present, the unit crime is spreads trend, its brings the issues are becoming increasingly beset judicial operation. Because our country legislation in official confirmation of the unit crime time is not long, so relevant legislation is not very mature, to the study of the theory of the unit crime and in-depth and comprehensive, cannot satisfy the current social and economic development needs. The theory of relatively weak certainly will will be counterproductive to legislation and judicial practice, therefore, it is necessary to the unit crime problems in some controversial and in-depth exploration, and in the criminal law can clear rules, in the hope of promoting the progress of the theory research unit crime, and promote the improvement of the legislation and judicial.Full text is divided into five parts, about22,559words.The first chapter mainly introduced the concept of foreign about the legal person crime, through to the common law countries and the mainland legal system country the analysis of the concept of corporate crimes, this paper concludes that the concept of unit crime. Although, the concept of unit crime of extensive research in theoretical circles on the unit crime definition, and strife, and divisions, but most scholars point of view is consistent, also form a unified cognition.The second chapter of unit crime is the criminal responsibility. From the unit crime and criminal liability form way or the punishment of this principle, mainly including the recidivist, the problem of surrender.The third chapter is unit joint crime statement, separately from the unit crime’s concept, the characteristic and the judicial practice of joint crime unit met in the problem of the consideration.The fourth chapter are the litigation procedure of unit crime respectively, the crime unit directly ageing, unit crime criminal coercive measures, which include the incidental civil lawsuit, unit crime jurisdiction, the unit crime the defendant to participate in litigation, and the status of briefly elaborated.Chapter5of unit crime is the improvement of the method and the unit crime unfinished, and Suggestions of the simple statement.