Research On The Practice Of Unit Crime

As a result of the development of modern commodity economy, the unit crime is showing a sharp rise in the establishment and reform of the market economy system. In recent years, the unit crime cases are increasing, the crime is more harmful. Unit crime, in the theory of criminal law, also known as legal person crime, is relative to the crime of natural persons. The research on the subject of criminal liability of criminal law in our country’s criminal law can be traced back to the early stage of the controversy on the theory of the negative and the legal person’s crime.In the criminal law enacted in early 1979, the problem of unit crime is not stipulated in the criminal law. In the revised criminal law, the criminal law, which has been fully recognized by the legislation in 1997, has been recognized as a result of the need for the development of commodity economy and the reform and opening up. Earlier stipulated the crime of the legal person of Anglo American law system countries. In 1842 British Birmingham and Gelaosaisi special cases, the provisions of the legal person for breach of statutory duty to be convicted and punished; secondly, the French civil law countries,. The law of our country the earliest provisions of unit crime is a 1987 implementation of "the people’s Republic of China Customs Law. Since then, promulgated by the Standing Committee of the National People’s Congress such as adopted on 4 September through December 28,1990" on drug control ",1992" on the punishment of tax evasion and refusal to pay tax make supplementary provisions of crime, July 2,1993 and the the regarding the punishment of the crimes of production and sale of fake and shoddy merchandise Supplementary Provisions "criminal law amendment and supplementary provisions, has also legislated dozens of the type of unit crime. These Provisions are characterized by a certain number of specific units of the determination of crime. Passed on March 14,1997, the revised criminal law in the general chapter of the fourth quarter of unit crime to make clearly defined, is the progress of the legislation. However, the revised criminal law does not pay attention to the coordination and connection between the unit crime and the crime system of the natural person, the provisions of the unit crime has caused a lot of confusion and controversy, this article tries to discuss the contents of the unit crime, the relevant units, the application of punishment and the application of the litigation system.The subject of unit crime. Although the unit crime is implemented double penalty system, but the subject of the crime is the only one that can only be a unit. In the judicial practice, there are some special problems which are closely related to the subject of unit crime. Although the criminal law clearly defines the connotation and extension of the "agency", but there is still a problem that can not be solved, it is difficult to find the state organs as the object of criminal punishment, that is the main body of the state organs, as well as the internal structure and the subject of the branch. From a dynamic point of view, the main problem of the unit crime is also related to how to pursue the unit of change and the criminal responsibility of the unit that has disappeared. After the disappearance of the unit, the crime of endangering the society can not be carried out again, there is no unit crime. However, the implementation of the crime in the duration of the unit, the unit can continue to pursue the criminal responsibility of the unit after the disappearance of the unit. And the unfinished form of unit crime. The research on the theory of criminal law has always been the unfinished form of the crime of natural persons. Another unit crime penalty problem. The criminal law of our country stipulates the penalty system is to the crime of natural person as the template and the establishment of, and does not take into account the unit crime, so in the judicial practice difficult. Finally there is the problem of compulsory measures of the unit crime. Criminal law and criminal procedural law provisions of the warrant, bail, residential surveillance, detention, arrest five kinds of compulsory measures, the five coercive measures are measures for the freedom of the natural person, lead in investigation, prosecution, trial and execution of criminal litigation process, how to ensure as units of the suspect and the defendant does not escape criminal prosecution has become a realistic problem placed in front of the judicial staff.