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Study on Lssues about Crimes Committed by the Legal Entity

Author: QiMingFang
Tutor: LiuXianQuan
School: East China University of Politics and Law
Course: Legal
Keywords: Crimes committed by units Some Issues Directly responsible person in charge Unit criminal recidivism Single penalty system The persons who are directly responsible for Criminal legislation Should be subject to criminal punishment Non - penalty methods The purpose of the crime
CLC: D924.1
Type: Master's thesis
Year: 2003
Downloads: 155
Quote: 1
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Abstract


Units (legal) can become the subject of a crime? Scholars at home and abroad has long been controversial. These differences and questions, obviously not conducive to the correct understanding and implementation of the relevant provisions of the new criminal law on the crime committed by a unit. In this paper, the theory and practice of domestic and international legislation, using the method of analysis and comparison of the combination of theory and practice of combining some of the hot issues of the unit crime in our criminal law system, conducted in-depth analysis and discussion, and put forward their own views . The article is divided into six parts: the preamble, by summing up of the unit at home and abroad (corporate) crime from negative to positive brief and our unit crime legislation a number of issues, the major theoretical and practical significance of the in-depth study unit crime. First: the concept and characteristics of the crimes committed by units. First of all, from the perspective of historical development of the establishment of the legal system is the premise of corporate crime criminal legislation, extensive and complex legal economic activities and bring serious harm to society based on the profit-driven crime, the law no longer remain indifferent. Unit Criminal Legislation in China also consistent with this law. Secondly, pointed out that the Corporate Crime \crime \by the the collectively decided or determined by the person in charge of the implementation of the, shall be subject to criminal punishment. Chapter II: the constituent elements of the crimes committed by units. This chapter mainly around the body of the unit crime, the objective elements, subjective lt; WP = 4 gt; elaborate pieces. Focus on demonstration in the main, the national authorities, the private sector, in branch offices or departments can become the body of the unit crime; objective of unit crime and natural persons crime an important distinction that must be approved by the unit collectively decided \\Chapter III: criminal responsibility for crimes unit. Combination revised the provisions of the criminal law on the crime committed by a unit and judicial practice, the shortcomings of the \Determined that \Chapter 4: improve the crimes committed by units of the concept of criminal responsibility. Particular single penalty system should be abolished, all double punishment. Additional units criminal recidivism and surrender requirements. Species and the establishment of a crime committed by a unit of the creation and improvement of announcing its dissolution, fines, qualifications and criminal punishment \Conclusion: unit crime trends and legislative situation that strengthen theoretical study, and gradually improve the necessity of legislation. 2

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