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On offense constitutes a crime of units

Author: ChenQinWen
Tutor: SuHuiYu
School: East China University of Politics and Law
Course: Legal
Keywords: Units constitute a crime Crime pose a problem Corporate Crime Other directly responsible personnel Constitute a crime Directly responsible person in charge Unit Responsibility Criminal Law Theories of crime Illegal benefits
CLC: D924.1
Type: Master's thesis
Year: 2002
Downloads: 192
Quote: 1
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Abstract

Unit crime, the criminal law with Chinese characteristics of the formulation, is China's legal system and the legal status of the main characteristics and other special circumstances of crime in the criminal legislation reflected. Crime Unit of the Criminal Law theory therefore become a new field of theoretical research. Unit is the unit of crime constitutes a criminal offense a core component of the theory, the unit identification and punishment of crime have an important role in guiding. Constitute a crime against units of the problem of crime, though started late, but its extent Queshi warmly discussed before, is still not formed a unified point of view. In this paper, a theoretical analysis and comparison of Chinese and foreign methods, the problems posed by crime crime unit were studied. Illocutionary text except guide is divided into four parts: one, the unit consisting of crime and crime unit concept Characteristics and Significance; Second, the theory of foreign corporate crime unit crime Crime Constitution Theory of impact; Third, our unit crime constitutes a crime Elements; Fourth, China's criminal law provisions constitute a crime in units worth noting a few questions. The first part of crime from the unit to start the onset and evolution explores the origin and concept of unit crime, because the unit is to study the concept of crime unit crime constitutes a prerequisite, and the current unit of what is our crime inconclusive. I believe that under the new Article 30 of the Penal Code, combined with the general concept of crime and crime unit characteristics, the concept of crime units can be summarized as follows: refers to companies, enterprises, institutions, agencies, organizations seek illegal interests of the Unit, the units of collective decision or by a responsible officer decided to implement a serious danger to society, the law expressly lt; WP = 4 gt; provisions should be subject to criminal punishment. Constitute a crime unit crime units of the concept of crime is specific, it refers to the provisions of the Criminal Law, companies, enterprises, institutions, agencies, organizations and other organizations of a certain behavior constitutes a crime must have all the subjective elements and objective elements of the sum of the . Wherein there are five: First, the subject of a crime is a unit, the implementation of the crime is a collective behavior; two is a serious social harm; Third, there is subjective intent or negligence; fourth is prescribed by law; Fifth, shall be subject to penalties punishment. Research Unit of crime constitute a crime problem that is conducive to correctly distinguish meaning Zuiyufeizui, this crime and other crimes; conducive enrich and develop the theory of crime constitutes a connotation; helps improve the criminal legislation on units of study. The second part focuses on the theory of foreign corporate crime and criminal theory on several corporate crime awareness viewpoint, and to further explore Comment on the theory of corporate crime by foreign influence in our theory of the formation of unit crime constitutes a \\Certainly Unit (legal) can constitute a crime, will help standardize the units (legal) acts, according to the corporation's activities into the management track. Unit (legal) Crime is generated through its decision-making bodies to implement the subjective vicious, the criminal units (legal) impose penalties, to reflect the principles of criminal law culpability conceited, corporate decision-making bodies can play a role in education, so that is not then generate Criminal Intent. At the same time, to legal persons for criminal penalties, which means that the state of the negative evaluation of corporate crime, which can alert the community numerous other legal persons and other social organizations to enable them to comply with state laws, not conduct criminal activities. The third part proves units constitute a crime subject, subjective, object, objective connotation and characteristics of the four elements discussed crime units and the units assume responsibility for different individuals based. Criminal investigation unit of the basic principle is to be held criminally responsible units, it should still be held directly responsible person in charge and other directly responsible personnel criminally responsible. They are neither common crime between the relationship, nor is the so-called dual subject but unit responsibility and individual responsibility integration. It contains three meanings: First, the unit with which the person directly in charge of personnel in the unit and the main responsibility for the crime is a subject. Second, the unit is the subject of crime as a unit by the unit groups and organizations constitute factors relevant personnel each heterogeneous two-part one complex. Third, the composition of the two parts of the main unit crime units of the crime is not the division of labor in relation to each other but the relationship between integration and mutual performance. Unit responsibility and individual responsibility integration theory allows us to diversify itself the subject of crime units have a correct understanding of, and to a deeper understanding of the essence of unit crime. lt; WP = 5 gt; fourth part around the unit as specified in the Criminal Law of the existence of four offenses constitute more prominent and controversial issues are still analyzing crime unit crime constitutes further explained basis of judging. First, the \Second is the units involved in the joint intentional crime and should not be punished as a joint crime. Third, the new Penal Code section 135, 138, 139 provides labor safety accident crime, education, facilities management Accident Accident and fire management responsibilities not directly specify the subject of a crime can be a unit. In this regard, the unit should be able to constitute a crime as the case may be. Interests as a unit, the unit collectively decided or determined by the unit responsible person, willful violation of the relevant safety regulations, delays, perfunctory, refused to take preventive, corrective measures, and thus a major accident, are the unit crime, the law provides penalties only directly responsible for crimes committed by units just taken a single penalty system of punishment of specific performance. Fourth, the new Penal Code section 273 provides specific funds and materials misappropriation should be recognized as a pure crime unit crime. Although the provisions of the Criminal Code penalties for committing this crime only persons directly responsible, but can not be considered directly responsible individual crimes, but the crimes committed by units taken by a single penalty system disposal method. In short, the unit constituted criminal offenses in criminal law theory and judicial practice are important. Value of this information was published on the occasion, I would like to train hard guidance Professor Su Huiyu, Professor Lu Shiyou, Associate Professor Xue progress to express my deep gratitude.

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