Perfect Unit Of Crime Legislation

Unit crime is the inevitable result with the changing of social structure and adjusting of the all kinds of economic advantages in our country. Since《customs law》firstly defined the units as main body connected with smuggle crime in 1987, subitems regulations defined by single criminal cases and unit crime within the accessorial criminal cases in our country strengthens increasingly by the legislature, which make up of the crime-network for unit crime basically. However, with the profound changing of the economic systems, the corrupt criminal cases implemented by all kinds of economic units increasing sharply, therefore resulting in the customary laws unavailable to hold back this actions. Considering this, the new revised criminal law in 1997 in our country, based on the experience in practice from criminal cases from ten years ago and the foreign legislation of the crime using for reference, prescribes unit crime by means of the united general regulations and subitems regulations, which realized united criminal duty between the natural person and the units.Objectively speaking, the new criminal law is very simple to describe the unit crime and lack of explicit definition to its concept and characteristic, rather divergent to how to realize the unit crime, opinion difference to the responsibility of criminal law one with another, and the resulting unsound punishment systems, due to the confine from the law background of the time and the relatively late cognition to the new affairs. It is clear that the divergence doesn't make advantage of the accurate description and punishment to unit crime by means of the new revised criminal law. Since we are engaged in the fields of duty crimes and the corresponding economic crime, the problems and puzzling are often met in practice. Therefore, the specialized investigation for the unit crime is key to the accurate understanding and proper applications of law applications in practice.Concerning the investigated results for unit crime, the exploring and understanding for unit crime is in progress, e.g. In this paper the corresponding investigated method are concluded in following: we commit ourselves to the analysis and evaluation to unit crime in our country in the view of criminal and peccant cases altogether with their theory and practice, based on the define of criminal law in our country. On the other hand, we also analyze and conclude systematically ways of constructing and perfecting law systems by means of angle of view from law objection and oversight. Three sections are concluded in this paper except for introduction here.In the first section, the concepts and characteristic features of unit crime are described briefly in this paper. Relative to the long-term controversy to unidentified opinion or doctrine, we think that the characteristic features of unit crime not only includes social hazardness, criminal offenses, and being punished in the progress of unit crime in nature, but also embodies some specialized features, e.g. the main body character and the will of unit crime.Also in the second section, the current criminal legislation of unit crime in our country is investigated systematically. On one hand, we affirm the current four laws for the unit crime. On the other hand, we analyze the problem and deficiency of the unit crime in the law legislation progress including: the lack of scientific description for main body of the unit crime, the non all-round setup for all kinds of criminal names in subitems, the untrue punishment principle to the unit crime, and rather singleness of criminal behaviors, et al. Therefore, it is necessary and exigent to construct and complete the law legislation for unit crime in our country.Finally, the helpful conclusions concerning about the unit crime legislation have been obtained in this paper. We investigate systematically the corresponding description and punishment for the unit crime based to analyzing of the uncorrected law legislation, e.g. decreasing properly the range of main body of the unit crime, broadening reasonably the class of the unit crime in subitems, setting up especially the criminal name for unit crime, constructing scientific and reasonable punishment principles, as well as perfecting criminal duty systems on unit crime.