Analysis On The Villagers’ Group As The Subject Of Unit Crime

The villagers’ group crime is not rare in practice.However,whether the villagers’ group can be the subject of crime is not clearly stipulated by law,so that there are many theoretical disputes and various practical options.Through analyzing of unit crime,this paper investigates the historical development and practical characteristics of the villagers’ group,strictly follows the research methods of normative criminal law,demonstrates that the current villagers’ group cannot be the subject of unit crime,and constructively analyzes the specific forms and common crimes of the current villagers’ group crime.Combined with the characteristics of the nature of the villagers’ group and the characteristics of the subject of the unit crime,this paper puts forward legislative and judicial suggestions on the villagers’ group crime from the perspective of the prevention and retribution of punishment,the fight against crime and the protection of human rights.In addition to the introduction and conclusion,this paper is divided into five parts,totaling more than 40000 words.The main contents are as follows:The first part: raise the problem,through the practice of the villagers’ group as the subject of the crime to combat the situation and the legal provisions for comparison,and there is a violation of the principle of legality in practice.Based on the analysis of the case,combined with the existing legal provisions and judicial interpretation in China,this paper argues that there are three issues to be clarified:whether the villagers’ group can be the subject of unit crime at present,whether the villagers’ group should be the subject of unit crime,and how could the villagers’ group become the subject of unit crime.The second part: the characteristics analysis,this chapter comprehensively clarifies foreign experience and domestic legal norms of unit crime,takes historical investigation into origin of the villagers’ group and analyzes the characteristics of the subject of unit crime and the villagers’ group.The subject of unit crime is characterized by legality,independence,organization,independent funds and property,and able to undertake criminal responsibility.From the perspective of formal characteristics,the villagers’ group conforms to the legitimacy,independence and organization,but also holds certain funds and property;from the perspective of substantive characteristics,the villagers’ group has the organizational characteristics and the ability to form an independent unit will,control and identify,as well as bear legal responsibility because of its independent property.However,current law does not stipulate that the villagers’ group is the subject of unit crime.The third part: normative analysis,the current villagers’ group cannot be the subject of unit crime.From the perspective of legality,Article 30 of Criminal Law of the People’s Republic of China stipulates that five types of units can be the subject of crime,while the villagers’ group is not a company,enterprise,institution,organ.But it remains controversial that the villagers’ group is a group.This dispute involves the interpretation of criminal law.Analogical interpretation on the issue of criminalization violates the principle of legality,which is not used in judicial practice.The power to extensive interpretation should not belong to all levels of courts and procuratorates,but belong to the Supreme People’s court and the Supreme People’s Procuratorate.The fourth part: This chapter analyzes the governance mode of the current villagers’ group crime.In general,villagers’ group cannot be the subject of unit crime,we can only deal with villagers’ group cases according to the way of governing natural person crime.In practice,the practice of regarding the villagers’ group as the subject of unit crime is worth pondering and stopping.Based on the general plan,this paper analyzes the specific situations and common crimes of villagers’ group crimes in practice: there are five common situations in practice: The leader of villagers’ group commits crimes in the name of villagers’ group,more than two thirds of the members of villagers’ group commit crimes in the name of villagers’ group,less than two thirds of the members of villagers’ group commit crimes in the name of villagers’ group,some units commit a crime together with the villagers’ group;some natural persons commit a crime jointly with the villagers’ group;The common crimes include the crime of illegally transferring and reselling the right of land use,and the crime of deforestation.The fifth part: future outlook,The villagers’ group should be the subject of unit crime.On the base of the actual analysis and the current villagers’ group crime proposed governance plan,from the perspective whether the villagers’ group should be the subject of unit crime,After analyzing and summarizing relevant literatures,the author abstracts four kinds of disputes about the villagers’ group as the subject of crime,namely,the dispute of "principle","characteristic","group" connotation and“punishment”.The author analyzes the four kinds of disputes one by one,and considers that the villagers’ group should be the subject of unit crime from the perspective of de jure.After reaching this conclusion,the author puts forward suggestions from the legislative and judicial levels respectively,in order to promote the idea that regard the villagers’ group as the subject of unit crime on criminal legal norms in the near future.