Research On Criminal Liability Of Unit Crime In China

Along with an increasing number of units criminal cases, the unit crime to besure of great significance in the criminal law. In order to adapt to this situation, the97-year criminal law provisions in the general part of the30,31range of unit crime ofcriminal responsibility and punishment principle, also made specific provisions in thecriminal law section, which China’s criminal law from a simple investigated fornatural responsibility to be held units with natural double shift the blame.Criminal liability of unit crime as an important theme in the Unit CrimeResearch, it needs to be highly valued in theory, legislative and judicial practice.However, China’s criminal law scholars also lack sufficient in-depth study, thecriminal legislation on the criminal liability of unit crime, there are someshortcomings, which gave the judicial practice makes it difficult. What is thetheoretical basis of unit crime of criminal liability? The crimes committed by unitshow to bear criminal responsibility? Discuss these issues are of great value for thetheory and practice of Unit Crime in China. In reference to the relevant theoreticalinformation and the status of legislation on the basis of trying to Analysis from thepoint of view of the criminal liability of the crimes committed by units system andpossible future legislation to improve a few suggestions. Text is divided into thefollowing chapters:The first chapter, this article first interpretation of the concept of unit crime, andbriefly describes several main types of Unit Crime in China. By analyzing the processof the development of domestic and international corporate crime system, Summed upthe unit can become the subject of crime and bear criminal liability for crimes.The second chapter discusses the definition and characteristics of the criminal responsibility, comparative analysis of three theories on the unit crime criminalresponsibility. On this basis, the paper discusses the criminal liability of unit crime,according to the criminal obligations, responsibilities capacity, and unit sin and unitbehavior.The third chapter first describes the following penalties principle of the crimescommitted by units, and analyzes their advantages and disadvantages. Secondly, fromthe analysis of the units and natural persons, the article discusses the problems andshortcomings of the punishment of crimes committed by units. Finally, this sectionanalyzes the application of anticipated possibility to punish crimes committed byunits.The fourth chapter, through the establishment of an independent penal systemand criminal law discretionary system, improve the punishment of the crimescommitted by units; this section gives some suggestions on how to improve the penalsystem of unit crime.