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New Theory of the unit concept of crime and constitutes a number of issues

Author: ZhangFengHai
Tutor: GaoShaoXian
School: Southwest University of Political Science
Course: Criminal Law
Keywords: unit crime crime constitution legislation proposals
CLC: D924.1
Type: Master's thesis
Year: 2007
Downloads: 240
Quote: 1
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The formulation and implementation of the new Penal Code in 1997, hascompletely changed the past situation that just fight against simply the naturalperson crime, now units and individuals have become the mainstay of China’sCriminal Law. However, since the crime unit was established, it has beencontroversary between the theory and the practical sides of the criminal law.Indeed, as a special unit of crime patterns of crime of Chinese criminal law, manyissues worth studying. In this article, I intended to discuss the concept of crimeand many difficult problems, then to form some my own superficial view, andpose some advise in improving the relevant legislation.This paper is divided into two parts as the introduction and the body, theintroductory part introduce the establish of the causes of unit crime, thebackground and the process briefly about Chinese Criminal Law, simplegeneralized the state of legislation and the studing status of crimes committed byunits, the ideas in this paper and the main issues about to explore. In the body, Idiscussed relatively difficult problems like "the concept of crime unit." And"Crime units" in detail. In the final paper, agaist the loopholes and shortcomingsin the existing criminal law, put some advise to complement the units crimelegislation. As follows:Part 1: defines the concept of unit crimeIn China, controversy on the possibility of establishing a units crime hasbeen done with the implementation of the "Criminal Law". However, the disputeon the issue of unit crime does not quiet, there has been shelved a new round ofheated controversy on the relevant issues. In this part, I discussed the origin andthe development process of the crimes committed by units, reviewed andsummaried the domestic criminal legislation and current status; focus on severalrepresentative view concept of unit crime, sorted out and classified on all thesepoints. On the basis of analysis and evaluation about these views, through mycareful thought, formed my new concept of unit crime. Part 2: several problems posed on unit crimesThis component is the core part of the article, in view of the existingprovisions in the Criminal Law, in light of China’s judicial practice. The authorgive more detailed exploration of the difficult problems posed by units crime.First, researched the standards of the unit become the mainstay, and inaccordance with the provisions of article 30 of Chinese Criminal Law, putforward a brief introduction and a main assessments about the main of no disputeunit crime and the number of crimes committed by units, and focused on theproblem in crimes committed by units: can the private sector constitute crimes,can the state agencies be the main of unit crimes, can the committee be set upunit crime, can a branch unit or agencies set up crime units, and make use ofseveral typical example, analysing the defects in the legislation of unit crime.Secondly, introduced some typical subjective view about the controversialof unit crime, on the basis of the assessment, shows the author’s views and thereasons for holding this view.Third, researched the difficult problems about objective of the unitcrime,introduced the manners unit crime carded out, Then make a discussion incontroversial issue in-depth about" the position of crime constitution in the nameof the unit" "do the units must act against crime in the scope of theiroperations", Analysis on the typical perspective, and shows the author’s viewsand reasons.Part 3: proposals on improving the legislation of unit crimeAbsorb foreign legislative experience and the deficiencies in Chineselegislative and judicial practice, by a development perspective, from the generalprinciples of criminal law to the sub, using the basic concept, crimes constitution,the distribution and proportion of unit crimes, to the additional types of criminalpenalties, the auther proposed some advises to improve the legislation of unitcrime.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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