Research On The Unit Crime Punishment

Unit crime committed by the unit is the phenomenon that emerges in the wake of the increased complexity of modern society. 1987 "The People's Republic of China Custom Law" regulates it firstly. Subsequently "Supplementary Regulations on punishing corruption and bribery " and the "Supplementary Provisions against smuggling" defined the unit can become a subject of crime. General principles and sub-provisions of 1997 "Criminal Law" stipulated unit crime fully. This is the basic development process of unit crime in our country. However, due to the special subject of crime committed by unit, the original theory of criminal liability and penalties cannot be completely applicable to the theory; China's criminal law scholars do their further research on it. The study of China's unit crime penalty needs products of foreign research in order to improve China's relevant theory and to meet the needs of practice.The article contains three parts, introduction, body and conclusion, for a total of more than 30000 words. Introduction section introduces the two legislative ideas of foreign combating and preventing crime namely, "Criminal Law" and "administration-oriented."This is in great related to the legal traditions of states. Research of unit crime penalties need to be on the basis of criminal liability and then discussed the principle of distribution of penalties and punishment system. The necessity of thinking of this research has been explained in the introductory part.The first part of this article is the basis of penalty of unit crime. It mainly comments on rationale about criminal penalties of the foreign unit crime and on this basis the forecast about theory in related to unit crime of our country. This article selects typical theories about the basis of unit penalty from vicarious theories such as substitute liability theory, the same liability theory and corporate culture theory and analyzes it in depth. Foreign investigating for criminal responsibility has experienced a transformation from natural as an intermediary to the unit. On this basis, the article argues that when our government investigates the unit penalty should focus on the examination its own sin through the unit itself and the natural person to find the sin, not only from the natural person approach to identify the sin of unit. The second part of the article is the principles of criminal penalties to the unit. It studies the principles of the penalty for crimes committed by units. The principles of criminal penalties of Units include a single penalty, double penalty system, hybrid system, as well as three penalty system. The reason why our country implements a single penalty system is that the criminal law lacks penalties applied to unit crimes, ignores the importance of negligence crime and certain accusations are not unit crimes in essence and so on. And to implement the dual penalty system is consistent with our theory of crime constitution and better to combat and prevent unit crimes. So it needs improvements: Firstly, design of new kinds of punishment, increasing the adaptability of system of penalty. Secondly, possession of state assets crime and jeopardizing liquidation crime are natural person crimes originally. Thirdly, implementation of the double penalty system to other unit crimes in the existing single penalty system.The third part of this article is allocation of criminal penalties for unit crimes. China's unit crimes criminal penalty defects can be attributed to penalty system inconsistent with criminal system and defect of fine. Overcome the deficiencies need to be re-define the principles of unit criminal penalties that is the principles in accordance with main characteristics of subject of unit crimes and prevention of unit crimes with more attention. The criminal penalties in the kinds of crimes committed by units need reference to foreign unit criminal law such as property penalty qualification penalty and strengthen the application of unit reformation penalty. So the principal penalties of unit crimes include the dissolution of the unit, prohibited from engaging in one or several kinds of business activities; Additional penalties include suspension of business for rectification and fine.The last part of the article as a conclusion is a brief overview of the important contents of the article.