| Under the premise that Chinese Criminal Law clearly stipulates unit crime and its punishment principle, it is of little significance to promote the negation theory of unit crime. In terms of the study of unit crime, an important issue faced by Chinese scholars is how to reasonably identify the unit crime and its punishment principle stipulated in Article 30 and Article 31 of Chinese Criminal Law under the natural person crime system. A unit is a legal entity formed by the complex combination of people and objects and has its own unique cultural temperament and environmental atmosphere, which can influence the thinking and behavior of natural persons in the unit. In the identification and punishment of unit crime under the Chinese Criminal Law, two factors must be considered. Firstly, whether the members of the unit have committed the act or caused consequence of infringement of legal interests in the course of duty activities. Secondly, whether the behavior of the members of the unit embodies the intention of the unit itself, and only the fact that the behavior does embody the intention of the unit can result in the undertaking of criminal responsibility by the unit. In the judgement of the unit's intention, the method of presumption based on objective factors must be adopted, and such factors as the purposes and structures, the decisions of the senior executives, and even the policies of the units must be taken into consideration. When unit business activities produce illegal results, the constitution of the crime of the natural person should be considered first and the constitution of unit crime could be considered afterwards. |
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