On the Unit Crime Subject Related Issues
|School||East China University of Political Science|
|Keywords||entity crime unit crime subject scope characteristic|
Unit crime subject is the key point to the study of unit crime. There are different opinions of the title and the scope and the characteristics of the unit crime subject and the legal provisions concerning the unit crime is not perfect. These bring some difficult to judicial practice. This paper is based on unit crime subject and focus on the related issues of unit crime subject to bring some superficial research and discussion for the following questions.The first part, firstly, in examining essence and origin of the legal person’s concept, analysis if legal person can be entity crime subject. The author thinks that whether based on legislation of entity crime of the western countries, or based on the reality of emerging unit crimes in our country, we should regulate the unit crime. Then, the author put forward that the title of "entity crime" has more rationality than the title of "unit crime". In this part, in order to meet the discuss need, "entity crime" and "unit crime" were made clear distinction.The second Part discusses the range of unit about unit crime, especially analyzes on every controversial subject and provides the suggestions if it can be listed to the scope. Based on the second part of the individual analysis, the third part summarized the characteristic of unit crime subject. I think the basic characteristics of unit crime subject should have there aspects: independence, organization, legitimacy. Independent property is the basic rules for the legal person. So, it is not the characteristic of unit crime subject. Criminal responsibility is consequence of the entity which possesses three characteristics of unit crime subject; therefore, "criminal responsibility" is not the characteristic of unit crime subject.At the same time, the author put forward a bit of advice on legislation through the paper about the issues involved in this paper.