Dual Punishment System Of Crimes Committed By Unit And Its Perfection

Dual punishment system,or double punishment system, is a punishment system of crime committed by unit based on the punishment system of crime committed by legal person in western countries and the special condition of our country. But following the continual varies of our country's situation, it needs to be changed and perfect. This system emerged and developed in the earlier 19 centuries in Europe. It experienced a continual developing process from the traditional dual punishment system to replacement dual punishment system, to the triple punishment system, and finally to the current system. This system includes the part of the penalty sentenced to unit and the part of penalty sentenced to the related members when it violates the criminal law. Nowadays in our country, it just means to fine the unit and sentence the members to imprison. The reasons of this system in our country are mainly that the theoretic possibilities, the legal demands and the realistic reasons. (1) In the theoretic aspect, this system collects the spirit of the two main theories and takes the unit and his member as a whole of two parts. (2) In the legal aspect, it's the result of the criminal principle, which asks each one to take his own responsibility. In this principle, the unit and its member, as two parts of crime committed by unit should take his own responsibility individually. (3) In the realistic aspect, it's also indispensable for his security to market economy and the modern enterprise system. This system is so effect and complete that makes single punishment system became blue and useless. Meanwhile, under this system, the unit and its member look balanced and symmetric in the punishment. As a kind of punishments, it also has some relations with other punishment, especially administrative punishment. Although they are different, they have some crosses.This system of our country is of entirety and stratify, which accounts for 90% proportion in the whole system of our punishments sentenced to the crime committed by unit. According to the analysis of the provision of criminal law, we will find the pattern of this punishment is not only centralized but also variety in the whole criminal law. All punishment sentenced to Unit is no-quota fine. However, in concrete judicial practice, the judge always refers to the punishment which can be sentenced to the nature people. This kind of reference is about 35%. So, the no-quota fine also should be the only choice when there's no related stipulation about personal crime. And, the punishment sentenced to the members includes penalty against freedom, fine, capital...