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to be. unit crime, crimes committed by units made only provides for the principle. At present, many scholars believe that the main unit of crime: not only legal, as long as legally established companies, enterprises, institutions, agencies, organizations, can a single subject of crime. This view does not fully understand the criminal law, commercial law and relevant judicial interpretations of the meaning of the Criminal Code to expand the meaning of the If, regardless of their specific situation, small units can be recognized as a major crime unit of the main body, put some natural crime punishable as a crime units, not only vertical and criminals, but also unfair.
First, the concept of economic crime unit
(A) units of profit-driven economic crime.
Mainland public security authorities by the existing criminal law on file for investigation of the 77 direct economic crimes, there are 55 units formed by crime, accounting for direct file for investigation of economic crime over 70% of the total. But what exactly is the economic crime unit, how to define issues such as economic crime units, as well as general criminal law, lack of theoretical research, so we have quite a lot of confusion in practice, in theory, be urgent clearance.
The establishment of any one unit has its specific purpose, for the companies concerned,[link widoczny dla zalogowanych], mainly for economic purposes for profit; and organs, organizations, institutions, although for political, public purposes, but there are still their own economic interests. Some people think that, in indirect intentional crime and criminal negligence, the unit does not exist to benefit the criminal purpose, therefore, can not be Some scholars believe that as long as the unit of crime, there must be some benefits, even if the criminal negligence of the unit is no exception. Such as, intermediary business is still no shortage of interest-driven features.
For what crime unit can form, the subjective can not be inferred by judicial officers, can not see the actual form of criminal behavior must be strictly in accordance with From the not only is a personal crime unit crime.

Second, the scope of the main unit of economic crime,

These three characteristics, the economic crime unit determined in terms of the composition and should be available at the same time between them is an organic unity between, rather than a simple phase Canada.
We know that economic crime unit, refers to companies, enterprises, institutions, agencies, groups or group in charge of decision making by the person directly responsible for the implementation of external, all or most of the illegal gains and the normalized unit of all units of the law crime, economic crime. According to this definition and combining units in the theoretical debate of crime, the paper that the unit of economic crime is a major component of unit crime, not only has the units of the common problems of crime, but also has its own characteristics. Characteristics of economic crime unit can be summarized as follows:
Key words: economic crime unit
First, the enterprise legal person. As an independent property and financial resources to bear civil liability independently, with separate personality should be the principal unit of economic crime;
On the economic crimes unit, To some extent, as long as the units to take the benefits obtained by criminal means, are illegal profits, is ill-gotten gains. In practice, there are indeed some units of the responsible person to give workers wages, on welfare, or the development of the Unit to raise funds to implement the crime and the interests are owned by units from all the circumstances, but this only shows that the motivation is not criminal is a despicable, does not affect the establishment of economic crime unit. Because the behavior of economic crime unit is prohibited under the Criminal Code, the implementation of the act does not have a legal basis, so its benefits obtained through criminal means are ill-gotten gains, to reap the benefits of the course ought to be illegal.
Second, do not have the legal personality of the private owned enterprises, private partnership. Because of their more loosely organized, without a stable organization, its behavior is mainly a manifestation of will of the individual owners, so they are not the criminal sense of the The unincorporated private owned enterprises, private partnership can not be the main unit of economic crime;
Under civil law theory, criminal law and judicial interpretation of the two relevant provisions, we can draw the following conclusions:
(C) the will of overall economic crime unit.
Of economic crime unit of the criminal law is implemented in the market economy against the socialist market economic order and economic relations and severely disrupt the market economic law, should be subject to criminal penalties. Economic crime unit of the Criminal Code punishable on double punishment-based, single-penalty system, giving the unit to effectively combat and contain economic crimes and safeguard the socialist market economic order. In this paper, a combination of legislative and theoretical point of view of some deep-seated.
Criminal acts are the subjective will of the people under the domination of the behavior of unit crime is no exception, the unit also is conscious of crime have an act of will. Economic crime unit, the specific implementation of a conscious act, although the implementation of the will of a natural person, but if the behavior of individuals and units on behalf of units to benefit, not his will to a direct perpetrator of all, it also showed unit as a whole will. Only units of decision-making bodies and their consciousness of the will is the responsible officer of the unit of the embodiment of the will,[link widoczny dla zalogowanych], for the benefit of the natural unit of behavior only after the implementation of units of decision-making body or person in charge of the decision, authorization or acquiescence, awareness of their behavior will be when will be considered as a unit, which is criminal law unit anthropomorphic basis. If a member units, units under the name of the name of the crime, the illegal proceeds go to pay for all units, but in the implementation unit of criminal conduct have not been responsible decision-making bodies and their decision or approval can not be considered the awareness of crime members will represent the unit as a whole will, can not be identified as the unit of crime. In this case, if the unit or the specific staff person responsible for the proceeds of crime to knowingly spoils, then in accordance with the In this case, the members of the organization of crime will not have the will of the integrity unit. The legal representative of unit or person in charge to decide, and personally commit the crime, the illegal income will pay all the members of the unit or units to share, because the legal representative or responsible person is the representative of the unit, their behavior does not require authorization or decision of others, he act directly on behalf of the interests of the unit, which will equal the unit as a whole will. If the name of the unit received their full benefits for all owned units, and infringed the penal law, shall be treated per unit of crime.
On the economic crime unit

【Abstract】: With China's socialist market economic system, establish a sound, different from the natural unit of economic crime as a special criminal type of crime, with the number of multi-incidence, involving large,[link widoczny dla zalogowanych], covers a wide range of criminal means complex characteristics, which become the main types of unit crime. While China's criminal law provides for economic crimes unit to double punishment-based,[link widoczny dla zalogowanych], single-penalty system, supplemented by the principle of punishment, but, under the existing judicial interpretation of the Criminal Code and other relevant provisions, in many economic crimes charges, the unit of economic crime and natural The specific amount standards of crime, punishment scale and scope of crime vary considerably, some criminals to escape punishment or to reduce guilt, often disguised as a natural unit of economic crime, economic crime, in addition to the criminal law on so that the public, prosecutors, and judicial organs in the screening unit of economic crime, economic crime and natural course of many difficulties and problems. Depth study of the basic problem of economic crime unit, this paper from the start what is the economic crime unit, the paper finds that the main body of the scope of economic crime unit, and the economic crimes unit in practice, problems and other issues, were discussed, in the hope that economic crime unit accurate conviction and sentencing, to effectively combat and contain the unit of economic crime, safeguard the socialist market economic order, and play its due role.
(B) the legal nature of economic crime unit
Third, do not have the legal personality of the state-owned,[link widoczny dla zalogowanych], collectively owned enterprises and joint ventures
[2] Next [/b]
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