| With the continuous forward development of society and the rapid changes of reform,the basic theory of criminal liability for unit crimes and penalties in China cannot meet the needs of real cases,and there are many defects in the process of practice.The author rational thinking about several defects of the unit crime and the related perfection of the discussion,hoping to contribute to the perfection of the theory of criminal liability for unit crime.First of all,the theoretical basis of criminal liability for unit crimes is discussed,including the principle of legal guilt and punishment,the principle of adaptation of guilt and punishment,and the principle of organizational responsibility;then the definition of criminal liability for unit crimes is shown with different views of representative scholars,and the definition and characteristics of criminal liability for unit crimes are summarized with the views of scholars;finally,the scope of the subject of criminal liability for unit crimes,the scope of establishment,and the scope of punishment are Finally,we analyze the scope of the subject,the scope of establishment,and the scope of punishment for unit crimes.There are defects in China’s criminal legislation and legislative interpretation of unit crimes,although the sub-rules of China’s criminal law make specific provisions on the crimes and legal penalties of different crimes of unit crimes,but the sub-rules of criminal law do not fully cover the crimes of unit crimes,resulting in incomplete unit crime laws;and the criminal law does not have quantitative criteria for the attribution of unit interests sufficient to be recognized as unit crimes are clear,the will of the unit and the will of the individual In response to the shortcomings of the legislation,the "Legislative Interpretation" was promulgated in response to the controversy of expanding the scope of unit crimes and holding unit members criminally liable.China’s unit crime "punishment principle" is also defective,the use of "single penalty system" to punish only the unit responsible for personnel,will blur the unit’s ability to criminal responsibility,the academic community also has the use of "single penalty system The "single penalty system" cannot reflect the true meaning of unit crime,and is contrary to the independence of the legal personality;the legal provisions of the "penalty allocation" of"fines and penalties" are also defective,and the punishment for the unit is single,i.e.,only a fine can be imposed.The widespread use of the unlimited fine system will also lead to excessive discretionary power of judges.In addition to pointing out the defects,it is also necessary to make improvements to the defects.The author analyzes the above-mentioned defects separately and proposes suggestions for improvement by drawing on advanced foreign legislation and prominent cases,classifying the scope of application of legislative interpretation according to the type of crime;correctly dealing with the relationship between "double penalty system" and "single penalty system",clarifying the unit of the single penalty system The establishment of a hierarchy of fines for unit crimes and the standardization of the application of the unlimited fine system,so as to be compatible with administrative fines.Expand the range of penalties,such as the construction of "honor penalty","confiscation penalty","freedom penalty" and"life penalty" for criminal units."The "penalty system" of the unit crime can be realized in an orderly way,and can be flexibly applied in individual cases to achieve the real purpose of punishment and prevention of unit crime. |
