Study Of Joint Crime Of The Unit Crime And Natural Person Crime

Criminal Law confirmed the establishment of the unit crime and bearing criminalliability with the form of legal provisions since1997when the new Criminal Law published.This resolved lots of arguments and contradictions about unit crime before the publishing ofnew criminal law, but it also brings out some new questions which are once again continuallybeing discussed in the world of criminal theory. Among all these questions, the interrogationsabout whether can unit and natural person establish the joint crime and why can establish aremost concerned. Also, these kind of questions haven’t formed a unit between theorists. Whenit comes to the judicial manipulation, most judges have different methods. The writer tries tostudy and discuss the puzzle about the joint crime of unit and natural person, analysesdifferent views that already existed about it and the reason the views formed to find out theirsreasonableness and shortness. A mount of legal provisions, legislative and judicialinterpretations are quoted to make my own conclusion.The first paragraph introduces main theories of joint crime. In the world of criminaltheory, there are three different theories which is the theory of criminal commonness, thetheory of behavioral commonness and the theory of common will. The theory of criminalcommonness includes the theory of partly criminal commonness which also includes thetheory of felony in partly criminal commonness, the theory of misdemeanor in partly criminalcommonness and the theory of entirely criminal commonness. The writer holds the theory of partly criminal commonness which is also the main method in theorists.The second paragraph puts forward the question of whether unit can be the subject ofcrime. After the writer confirm the question, another question is put forward that is can unitand natural person establish the joint crime. The writer believes unit and natural person canestablish the joint crime after quoting and analyzing the criminal provisions and judicialinterpretations, different theories and the reality.The third paragraph discusses further in which way unit and natural person can establishthe joint crime. The discussion is based on the elements of the constitution of crime whichincludes the subject element about what natural person and unit can be the subject of crime,the subjective aspects of crime and the objective aspects of crime. There are severalcircumstances excluding the possibility to establish the joint crime.The fourth paragraph discussed the criminal convictions of natural person and unit basedon the establishment of joint crime. Because of the differences between criminal lawprovisions and the judicial interpretations, unit and natural person may violate differentcrimes when they engage in the same crime. Therefore, discussion is needed on conviction. Isit depends on unit or natural person or in another way. At the meantime, it should beconfirmed the standard of crime proceeds and how to deal with the problem when the amountof crime proceeds can’t reach the standard.The fifth paragraph is mainly analyzing the reasonableness of difference between the unitand natural person when they commit crimes.The sixth paragraph analyses the sentencing standard of unit and natural person.The writer agrees that unit and natural person can establish the joint crime, the writer alsosupports the theory of partly criminal commonness to indentify the behavior of unit andnatural person and affirms whether unit and natural person would establish theirs crime inaccordance with the standard of the amount of the joint crime proceeds.