On The Establishing The System Of Unit Voluntary Surrender

Voluntary surrender is a system of the measurement of punishment in Criminal Law of PRC. We think, the subject of voluntary surrender is the subject of crime. The Criminal Law of PRC expressly stipulates that a unit is one of subjects of crime, but not stipulates whether voluntary surrender is applicable to a unit or not. So we have a lots of problems in judicial practice. According to the general theory which voluntary surrender, the subject of crime with the subject of voluntary surrender is consistent. Because unit be regarded as the subject of crime, it must be regarded as the subject of voluntary surrender. Unit including company, enterprise, institution, State organ and organization. I think ,unit voluntary surrender must have two conditions-----the act of voluntarily delivering unit up to justice and truthfully confessing unit's crime after unit has committed the crime. In the concrete process of judicature determination ,we must consider the concrete case to determine unit voluntary surrender, and give the appropriate punishment to it. So I propose a tentative plan for establish the system of unit voluntary surrender. This article including four chapters.The Chapter One is preface, mainly introduced the development of voluntary surrender and the present research situation of the unit voluntary surrender. Our country had perfected the system of voluntary surrender in Criminal Law in 1997.It has rationality and scientific. But the existing system does not apply to crimes committed by units, it is inconsistent with the subject of crimes committed by units.In the Chapter Two, I discussed the basis and the significance which the system of voluntary surrender for establishment. Firstly, I introduced and analysis some viewpoints of unit voluntary surrender form the theorists. I think that doctrine of affirmative is reasonable. Secondly, I elaborated the criminal legislation, purpose of punishments and reality basis of establishing the rules of unit voluntary surrender. Thirdly, I expanded the significance of unit voluntary surrender. I think the legislation is feasible in the unit voluntary surrender, and accords with China's penal policy. Construction the system of unit voluntary surrender can divide crimes committed by units, lower legal costs, to prevent and reduce crimes committed by units.In the Chapter Three, I discussed contents of the system of unit voluntary surrender, including the object of unit voluntary surrender and constitution elements of unit voluntary surrender. I think the object is the object of crime committed by a unit, including company, enterprise, institution, State organ, and organization. The constitution elements must be limited strictly, those are the act of voluntarily delivering unit up to justice and truthfully confessing unit's crime. In the Chapter Four, I discussed the judicature application problems of unit voluntary surrender. Mainly expanded how to determine unit voluntary surrender, pay attention to some questions for determination and how to punish the unit and the persons who are directly in charge and the other persons who are directly responsible. I think that the validity of unit voluntary surrender whether effect on individual and how to identify joint crimes by units are very important problems. In punishment, any criminal who belongs to a unit which voluntary surrender may be given a lighter or mitigated punishment.