This paper explores the doctrinal basis for the concept of 'unit' crime,a Chinese criminal legal concept similar,though not synonymous,to common law notions of corporate crime.It reviews why Chinese criminal l...This paper explores the doctrinal basis for the concept of 'unit' crime,a Chinese criminal legal concept similar,though not synonymous,to common law notions of corporate crime.It reviews why Chinese criminal law adoptes this concept and how it developes into its current form.Conditions of the unit crime are identified and limitations on criminal liability are explored.Insights for detailed liabilities are offered,including criminal and administrative liabilities for 'the unit',and the criminal,civil,administrative and disciplinary liabilities for the individual.This paper concludes by assessing the value of the concept of unit crime,and weighs the concept's positive attributes against its deficiencies.展开更多
文摘This paper explores the doctrinal basis for the concept of 'unit' crime,a Chinese criminal legal concept similar,though not synonymous,to common law notions of corporate crime.It reviews why Chinese criminal law adoptes this concept and how it developes into its current form.Conditions of the unit crime are identified and limitations on criminal liability are explored.Insights for detailed liabilities are offered,including criminal and administrative liabilities for 'the unit',and the criminal,civil,administrative and disciplinary liabilities for the individual.This paper concludes by assessing the value of the concept of unit crime,and weighs the concept's positive attributes against its deficiencies.
