Research Unit Crime Punishment System

Today, The market economy is undergoing rapid development, the unit also plays more important role in the market economy. At the same time the unit crime is already the mainstream of criminal law theory and criminal legislation. Since our country criminal law confirmed the unit crime, the theorists have never cease the argument on related question of the unit crime,particularly the unit crime punishment system. The text "Study of The Unit Criminal Punishment System", from a point of view of the theoretical and practical combination, compare legislation, judicature, as well as theoretical development of unit criminal punishment patterns in two legal countries, model the advantage, explore the related theory and the present judicial situation of our country. The author believes that the current unit-criminal-penalty-pattern has demonstrated insufficience in the growing market economy today, has been difficult to completely curb unit crime to a certain extent,so that criminal penalty enforcement of the unit crime in the judicial practice is not optimistic. The text is made up of four parts,including the introduction and main thesis.The introduction reveals the development status of the unit criminal punishment system, provide background material for the later research to the related issue of unit criminal penaltiesAt the beginning of the article I dialectically analyse the related punishment principle to unit crime of criminal in the countries all over the world,for example, a single penalty (the penalty system, the shift system), dual punishment system,mixed-mode system.. On this basis we analyse the punishment pattern of unit crime unit of our country .The double jeopardy achieves dominant position in unit criminal penalty principle of our country , accounted for 90% in the whole unit crime punishment system, and the single-penalty for supplementary. Then,the punishment methods of unit crime, briefly introduce the Anglo-American law (United States), the civil law system (Germany, France, Japan) unit of the punishment of crime, as well as the legislative status in our country of unit criminal punishment methods. Chinese mixed-mode punishment system is various. Unlimited fine is carried out in the unit punishment. It is in reference to crime punishment pattern of natural person,which including 35 %in unlimited accountas well as the remaining 65%. Free sentence is mainly enforced for punishment to the unit members, with a small amount of fine penalty, life sentence as well as deprivation of political rights. In fact, there is defect in the punishment pattern to a certain degreeAt the end of article is the perfect way to unit crime punishment. I believe that the main problem of the Chinese unit-criminal-penalty structure is that the punishment is too light in degree, simple in substance, single in pattern, uncertainty in standard. Moreover, the division of responsibilities of natural persons is unknown in relation to punishment to the natural person in unit crime, resulting in different penalty basis, the imbalance between punishment ratio. On the basis of the former analysis ,we put forward legislative proposals: (1) add qualification sentence; (2) improve the fine penalty criminal, (3) clear division of natural person penalty responsible of unit crime, clear punishment of the natural person.