The Study On Configuration Of Unit Crime’s Statutory Sentence

Unit crime is a special crime with the emergence of the economic and social development, and now is one of focus content of the modern criminal law theory. In the criminal law theory of our country, the unit crime is also a research theme with great “heat”, and one focus of which is the configuration of unit crime’s statutory sentence. Although both inside and outside the circle of legal science have had a heated discussion on criminal liability, the building elements and punishment system of unit crime, as the external conditions change and the legal theory develops, the existing configuration of unit crime’s statutory sentence causes a lot of practical and theoretical disputes, and the dilemma produced by legal loophole or imbalance of crime and punishment is a typical example. Therefore, both in legislative and judicial level, the analyzing deeply the different paths of unit crimes’ imputation and the reviewing schools of thought contend about the body of unit crime, will create important theoretical significance and practical value. In terms of theoretical significance, tracing and thinking the game between realistic requirement and theoretical rational of unit crime, on the one hand may further clarify the configuration logic of unit crime’s statutory sentence, on the other hand can make its way in the mode, system and quantitative factors of punishment. In terms of practical value, by improving the configuration of unit crime’s statutory sentence to achieve the equilibrium in the crime and between crimes, not only will help to get the correspondence between “quality” and “quantity” of crime, but also can help to solve the practical problem caused by legal loophole and different-type-standards.The article has nearly forty thousand words, uses the method of unifying the macroscopic and microscopic perspective and combining practical and theoretical dimension, and is divided into four parts to discuss the configuration of unit crime’s statutory sentence in our country.The first part: basic theory of the configuration of unit crime’s statutory sentence. Firstly, review the sin-punishment theory guided by the retribution thought, demandpunishment theory guided by the utilitarian thought and sin-demand-punishment theory guided by both the retribution and utilitarian thought; Secondly, analyzes the principle of axiology and methodology which should be adhere to, the former including the conviction and penalty according to law principle, suiting punishment to crime principle, tolerance principle, systematic principle, the latter including the clarity principle, coordination principle, the principle of proportionality, identity principle, the principle of proportionality; Finally, examine the existence model, structure model and content model of unit(corporate) crime’ statutory sentence outside to provide us theoretical assistance.The second part: the legislative investigation of the configuration of unit crime’s statutory sentence in our country. This part is around the judicial confusion and systematic contradictions caused by the existing configuration of unit crime’s statutory sentence in our country, investigates the texts including criminal law of PRC, legislative interpretation and judicial interpretation related, further questions the its provisions, punishment mode, the penalty system and quantitative factors, looking forward to fully display the basic situation of the configuration of unit crime’s statutory sentence in our country.The third part: main problems of the configuration of unit crime’s statutory sentence in our country. Based on the legislative investigation, this part selects the logical path from judicial to legislation through further abstracting and induction, to look for the causes o f dilemma in practice, mainly includes the vague in the manner of provisions, choosing punishment randomly, deficient punishment system and misallocated quantitative factors four aspects.The fourth part: perfect path of the configuration of unit crime’s statutory sentence in our country. On one hand, show the related academic answer, start with the “same-standard” and “different-standards” controversy, then go deep into the advantages and disadvantages of sharing theory and separation theory in our monism and dualism, gradually go back to the imputation path “from unit to unit members”, finally claim to integrate the statutory sentence of unit crime. On the other hand, perfect the design of configuration of unit crime’s statutory sentence. first, clear the status of unit crime, establish affirmation-negation principle; second, punish both unit and unit member, cancel the single punishment; third, integrate the punishment system of natural person and unit, strengthen the status of the property punishment, clarify the criminal penalty logic of unit and perfect unit‘s applicable system; fourth, take all same-standard in prosecution criterion, same-standard in whole amount but sharing standard in punishment criterion.Though the article displays the dilemma caused by law omission and imbalanced punishment, analyzes the problems existing in our provisions, compares the advantages and disadvantages of academic path including “same-standard” and “different- standards” as well as sharing theory and separation theory, then puts forward the optimization scheme of the individual, which achieves a certain effect, after all limits in a small point of view. Therefore, to improve the unit crime in the macro level, more must be done, the article is not the end. Only studying ceaseless, new resolutions can be emerging continuously.