Theory Of Authority Crime

Should subject of crimes committed by units include the authority? In accordance with the provisions of section30of the Penal Code, it is clear that our legislation is inclined to the authorities included in the unit column of the criminal subject in the theoretical circle of criminal law, the debate over this issue has never been stopped before. Although the general principle and special provision of criminal made specific provisions to authority crime problems,in judicial practice, the handling of the organs crime cases is still caught in an awkward position. This is undoubtedly in the negative on the support. Is reality no longer exists the authority of the phenomenon of crime? In fact, with the economic development authority crime phenomenon has long been common. As to why the little organ has been convicted and punished in the case, the reason is mainly related to the particularity of this unit form of organization of the authority.Negativism from several authority of the nature of the difficulty of the operation of Justice, foreign legislation to prove "the authorities should not become the main body of the unit crime". Their point of view seems very reasonable, it is not true, there are a lot of inconsistencies. From the other hand, it illustrates the authority as the main body of the crimes committed by units of its rationality and probability, Of course, after solving the problem of the main qualification of authority, the composition of organs crime and punishment, there are still some problems, Such as to define the scope of authority, the sin elements of authority, unity of the penalty approach (only criminal fine) and the standard of criminal fine is uncertain ect. For these problems are described and analyzed, and try to put forward some legislative proposals,so that the questions of organs crime can be valued and solved.