A Study On The Criminal Penalties Application In Economic Crimes Committed By Units

Besides their particularity, economic crimes committed by units share some similarities with economic crimes committed by individuals and other kinds of economic crimes. Due to the lack of clarity of regulations concerning economic crimes committed by units in Criminal Law, and due to comparatively rough techniques of legislation, some divergences and confusions exist in judicial practices. Research on the particularity of the application of punishments in economic crimes committed by a unit, and on its relevant arguments attaches practical importance to expurgating academic differences and guiding judicial practices. Whereas the above mentioned importance, this article, basing on the fundamental theory of crimes committed by units and economic crimes, and on the summing-up of current researching achievements, emphasizes on the particularity of the application of punishments in economic crimes committed by units, in order to conduce to judicial practices.This article is divided into 5 parts, which are introduction, summary of penalty application of institutional economic crime, basis and principles of penalty application of institutional economic crime, application of penalty sort of institutional economic crime and amount and penalty application of institutional economic crime. The whole article is up to more than 31,000 words, including over 2,000 words footnote and annotate.In the introduction part, the writer briefly explains the reason why choosing this thesis as the research direction and the general writing thinking.Section 1 emphasizes on the characteristics of institutional economic crime. The characteristics, including organization, integrity and market economy identity and the like are put forward by the writer. Because of these characteristics, the penalty application is complexity and particularity.Section 2 stresses the basis and principles of penalty application of institutional economic crime. The writer presents the following points: the criminal policy of justice with mercy shall be insisted on in penalty application of institutional economic crime in order to realize the value goal of unity between the utilitarian and justice; double-penalty principle, differentiation principle and economy and equilibrium principle are the basic principles established on the particularity of institutional economic crime.Section 3 emphasizes on the harsh problems of the application of the types of economic crimes committed by a unit and raises the following viewpoints: property-oriented penalties should prevail concerning the crimes committed by a unit, which requires a clarification of the amount of fine, considering the economic condition of a unit in the process of deciding the case; penalties against qualifications can be added for punishing the convicted unit; the application of the death penalty should be tightly restricted, punishment against freedom should be applied with discretion in a lighter way and it is not advised to sentence penalties against property concurrently as to the members of the unit committing specific crimes.Section 4 addresses the peculiar issue of the definite amount in the application of punishment against a unit committing a crime. The content of this chapter probes into 2 major issues including the standard of inception point of the amount concerning crimes committed by a unit and the coordinated application of such a standard in deciding the punishment against units and natural persons who jointly committed an economic crime, which, as clearly pointed out there, should be treated differently in accordance with specific conditions. The standard of inception point of the amount concerning crimes committed by a unit should be,5 times as suggested,...