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Unit Crime of

Author: LiuZuo
Tutor: WangYang
School: China University of Political Science
Course: Criminal Law
Keywords: Unit crime Subject Behavior Penalty Double punishment Executive officer Other persons directly responsible
CLC: D924.1
Type: Master's thesis
Year: 2006
Downloads: 130
Quote: 1
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Abstract


Common law countries appeared very early on unit crime legislation. After the United Kingdom, the United States, Canada, Australia, New Zealand and other countries have also recognized the corporate crime. Civil law countries on the crimes committed by units of a late start. Japan, France and other countries recognize the unit the issue of criminal responsibility, the legislation also made a related provision, in Germany until now crime negate that still accounts for most. Visible, the unit crime problem is still the world criminal law scholars debate. China since the Customs Act 1987 for the first time to create a first units to become the subject of a crime, appeared officially began in the promulgation of the new penal code. A new thing, a special form since 1997, formally include crimes committed by units of the Penal Code, crimes committed by units phenomenon as a field of Criminal Law and Criminal Justice Practice attracted a lot of attention of scholars, but also attracted a lot of controversy . This reflects not only the current situation of China's criminal legislation, but the inevitable product of certain social historical conditions. Chinese scholars since the early 1980s began to unit crime research, theoretical research unit crime is still far from enough, behind many countries. Doctrine about crimes committed by units often lack the support of the legal theory. The modern rule of law, about the crimes committed by units in countries around the world much attention as soon as possible to strengthen and improve the unit crime legislation has become an irreversible trend. How to build and perfect the theory of criminal responsibility for crimes issues of our units, I have given more attention to, by some summarize this article in China in recent years about the crimes committed by units research and elaborated on this basis insights, hoping to add some fresh blood for our theoretical research unit crime. The following question more in-depth analysis seminar is divided into five parts: Preamble: describes the background of the writing of this article, the motivation and meaning. Chapter I: Unit Crime Overview. This section is divided into two parts. The first part, the author describes the background of my unit crime legislation. The second part, the author and thus the concept of unit crime clearly defined. This part of the author chose representative doctrine, defined on the basis of extensive comparisons of the concept of crimes committed by units. And on this basis the author for the definition of the concept of unit crime. Chapter II: Unit criminal legal characteristics. This chapter is divided into three parts. First part, the author discusses the main characteristics of unit crime, there is the scope and variety, and more detailed discussion of the problems identified in the Subject of Unit Crime; second part, a brief discussion of the subjective aspects of the crimes committed by units; Part III objective aspect of crime as the core unit, the unit crimes identified several mainstream view, elaborated on this basis the author's point of view, and the crimes committed by units with natural crime, common crime distinguish. Chapter III: Unit criminal penalties. In this chapter, the author focuses on the principle of our units criminal penalty, types of penalties, Perfecting Our penal system and make recommendations. This chapter is divided into three parts: the first

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