单位共同犯罪若干问题探讨
On Issues of Unit Joint Crime
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摘要: 单位犯罪是自然人共同犯罪与单位整体犯罪的统一,是一种法律拟制;单位共同犯罪要以实施单位能够单独构成的犯罪为前提,但自然人能与单位共同实施自然人不能单独构成的犯罪而成为单位的共犯;单位成员能与单位合作构成共同犯罪;单位也可参加或者组建犯罪集团。Abstract: A unit crime is the unification of a personal co-crime and collective crime, regarded as a sort of law stipulation. A unit co-crime should be based on a crime which can be constituted by a unit, while a person may become an accomplice of a unit by participating in a crime which cannot be constituted by himself. A member of a unit may become an accomplice of the unit A unit may take part in or organize a criminal group.