2009Journal of Tianjin Administrative Cadre College of Politics and LawRequires access

Discussion on the Exception to Criminal Responsibility in Unit Crimes

Ruixiang Wang

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Abstract

China's Criminal Law provides that only a unit crime is defined as a crime,it can be convicted and punished on the unit.Under such circumstances,if the unit cannot become the subject of acts of crime,even if its behavior has serious social harm,it cannot hold criminal responsibility,and this is an exception to criminal responsibility of unit crime.However,whether the responsibility for the internal staff can be prosecuted for criminal responsibility or not is in dispute.Based on analysis of the unit crime exception status and the current criminal justice countermeasures,and assessment of the basic theory of criminal responsibility in unit crime,it is thought that in the current criminal law system the punishment on the responsible staff is lack of legal and theoretical basis.Based on this,the author proposes the way to solve this dilemma on the legislative level at the end of this chapter.

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China's Criminal Law provides that only a unit crime is defined as a crime,it can be convicted and punished on the unit.Under such circumstances,if the unit cannot become the subject of acts of crime,even if its behavior has serious social harm,it cannot hold criminal responsibility,and this is an exception to criminal responsibility of unit crime.However,whether the responsibility for the internal staff can be prosecuted for criminal responsibility or not is in dispute.Based on analysis of the unit crime exception status and the current criminal justice countermeasures,and assessment of the basic theory of criminal responsibility in unit crime,it is thought that in the current criminal law system the punishment on the responsible staff is lack of legal and theoretical basis.Based on this,the author proposes the way to solve this dilemma on the legislative level at the end of this chapter.

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Available abstract

China's Criminal Law provides that only a unit crime is defined as a crime,it can be convicted and punished on the unit.Under such circumstances,if the unit cannot become the subject of acts of crime,even if its behavior has serious social harm,it cannot hold criminal responsibility,and this is an exception to criminal responsibility of unit crime.However,whether the responsibility for the internal staff can be prosecuted for criminal responsibility or not is in dispute.Based on analysis of the unit crime exception status and the current criminal justice countermeasures,and assessment of the basic theory of criminal responsibility in unit crime,it is thought that in the current criminal law system the punishment on the responsible staff is lack of legal and theoretical basis.Based on this,the author proposes the way to solve this dilemma on the legislative level at the end of this chapter.

Key concepts: Criminal justice, Punishment (psychology), Unit (ring theory), Criminal responsibility, Criminal law, Theory of criminal justice, Law, Harm

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