중국형법의 단위범죄
The unit crime in Chinese Criminal Law
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초록
In the sense of Chinese criminal law , the "unit" should be defined as a combination of natural person which has a relatively independent property and social function, with the capacity of acting in its own name to conduct the activity of relatively independent. in Chinese criminal law , the "Unit crime " should be refers to crime executed by a qualified representative of a unit, in the process of unit functions and for the interests of the unit , performed in the name of the unit to organize the implementation of conduction criminal responsibility. In law, unit crime can only be the behavior for which the unit shall bear criminal responsibility , the doctrine is wrong when it says that there are some “unit crime” for which only the natural person bear criminal responsibility
Abstract
In the sense of Chinese criminal law , the "unit" should be defined as a combination of natural person which has a relatively independent property and social function, with the capacity of acting in its own name to conduct the activity of relatively independent. in Chinese criminal law , the "Unit crime " should be refers to crime executed by a qualified representative of a unit, in the process of unit functions and for the interests of the unit , performed in the name of the unit to organize the implementation of conduction criminal responsibility. In law, unit crime can only be the behavior for which the unit shall bear criminal responsibility , the doctrine is wrong when it says that there are some “unit crime” for which only the natural person bear criminal responsibility
참고문헌 (5)
- 参见张明楷, "刑法学（上）" (1997), 法律出版社
- 冯军, "新刑法中的单位犯罪, In 刑法论丛" (2005), 法律出版社
- 黎宏著, "单位犯罪刑事责任论" (2001), 清华大学出版社
- 周振杰著, "比较法视野中的单位犯罪" (2012), 中国人民公安大学出版社
- 王良顺著, "单位犯罪论" (2008), 中国人民公安大学出版社