The Research Of Unit Crime Punishment System

With the development of Market Economy, the criminal legislation of unit crime has become an international trend. We have made legal provisions about unit crime in 1997, but because of unit crime's research of punishment started late, and the lacking of a systematic discussion, leading to exist a certain degree of defects in our current criminal law and a lot of obfuscation. How to define the unit crime? What's the punishment according to? Are unit crimes applied to probation and recidivism system? How to determine the common unit crime? These problems cause complications in our moment criminal law theory and the judicial practice.This paper at tempts to draw lessons from the beneficial practices, and make a deep research in criminal legislation of unit crime punishment system and practical issues of our country, in order to make a certain reference value in the criminal legislation. This paper is divided into four parts except preface and epilogue, they are:The first part, the overview of unit crime punishment system. Based on the definition of the unit crime, it provides scientific premise for unit's criminal punishment system, and also shows the reader the legislation evolution of the unit's punishment system. This part also discusses the unit crime ability detailed to illustrate the necessary of punishment. Then the punishment of the unit crime is sent to discuss, and emphatically point out that organ of the state can't be punished.The second part, the realization of unit crime punishment system. This part accords to analysis unit crime punishment based on the facts and the legal basis, to demonstrate the necessity and justification of punishment. It elaborated the two punishment Principles which are single penalty system and double punishment system, is how to configure the punishment of crimes unit of unit crime, and the punishment for the principle of case.The third part, the discussion of several crimes issues .This section is the key of paper. The author analysis if unit crime is apply to probation and recidivism system and how to determine surrender based on compared to several issues in criminal law field, then put forward its own distinct views. Reasons and the elements of establishment of probation, unit recidivist, unit of surrender system. Besides, it emphatically expounds how to use these systems, and through the analysis of the difference of unit crime and common points to illustrate the punishment of unit crime.The fourth part, the consummation of unit crime punishment system. First, through the analysis of existing defects of punishment system in our unit crime, especially single penalty punishment system cannot reach the prevention purpose, to demonstrate the reform of penalty punishment and additional units'crime. Secondly, it puts forward several suggestions on improving the unit crime punishment system such as the reform of fine penalty punishment, additional of restrictions of business activities, cancelling qualification of unit's business activities.