The Analysis To The Case Of Jiasu Company’s Production And Sale Of Shoddy Pesticides

Crimes committed by units has been defined specially in general provisions of Penal Codein1997when our country was amending the criminal law, which ended the argument thatwhether unit can be regarded as the subject of a crime. However, with the development ofeconomy, various kinds of cases about crimes committed by units have grown in complexity,the types of which have become diversified day by day. A large amount of cases aboutcrimes committed by units have been encountered in the judicial practice, but the provisionabout crimes committed by units isn’t detailed enough in criminal law, and there exists manydisputes in the criminal law theoretical circles. In common crimes committed by units, theprovision about principal offender and accessory and how to discriminate the principaloffender and accomplice by directly in charge of and other directly responsible personnel; thecriterions about convicted and punished and how to use the penalty to the members of units;whether units can make contributions and whether there are some foundations in law. Forthese complicated cases, this text chooses a relatively typical case which combined with thesecomplex problems as the controversial points. To analyze every controversial point in the caseand try to analyze the case correctly, to find the law foundation and to discuss the lawdilemmas so as to discuss the controversial problems above in depth and put forward personalviews.At first, this text has a brief introduction about the case, then it talks about thecontroversial points in the case: firstly, the provision about principal offender and accessory,and how to distinguish the responsible person of the principal offender unit and the accessoryunit? Secondly, whether the unit meritorious argued by BINYUAN pesticide factory can bedefined? And then the text discusses the controversial points one by one. During thediscussion, it also analyzes the problem that whether the secondary structure can form crimescommitted by units; conviction and sentencing to the crimes committed by units and themembers, and whether to give a lighter or mitigated punishment to the directly responsiblechargers and other members. In the analysis, by sequence, firstly, it analyzes the firstcontroversial point that the confirmation of the principal offender and accessory in commoncrimes committed by units. The analysis mainly associates the causes of crimes with thebehaviors of crimes. In the causes of mens rea, if the insiders in the unit have intentionalcrime and use the conditions of the unit to commit crimes, the company should bear theregulatory negligence or the intentional crime. In order to make clear this problem, the textanalyzes the differences between the process of will causes in the unit and the responsibilityof regulatory negligence, and holds that if it is caused on behalf of the charger’s intention inthe unit, it can be considered as the unit’s intention. It can’t be confounded regulatorynegligence responsibility of the unit insider with the criminal responsibility of the unitintentional crime. In the first controversial point, it analyzes whether the unit secondarystructure can constitute the unit crime or not, and it holds that secondary structure can become unit interests and form unit crime in certain condition. And then it analyzes in what situationunit crime can be established which is centered on the difference between the relationship ofunit insiders and outsiders. After the common crime established, how to define the principaloffender and accessory of more than two units and that of insiders, it mainly believes thatthere can be accessories in the principal offender unit, but members in an accessory unit onlycan be defined as accessory. Then the text analyzes the principal offender and accessory inthis case confounded with the case, and gives some advice to the measurement of penalty, andholds that it is inappropriate for criminal law to define that members in unit crime should begiven a lighter or mitigated punishment than natural person. What’s more, it also shouldcombine the facts, and according to the crime member’s personal dangerousness and harm tosociety, qualification penalty can be established. After the first point has been analyzed, thetext analyzes the unit meritorious specially. Through the current disputes in the criminal lawtheoretical circles, it analyzes the meaning and conditions of unit meritorious, and alsoconfirms the significance of unit meritorious, and holds that unit meritorious should beadmitted in the criminal law amendment later.After the discussion, the text gives some conclusions and suggestions, and puts forwardsome advice on legislation. I hope it will be helpful to the legislative studies in the future.