On Several Problems Of The Theory Of Penalty To The Unit Crime

Our nation has been a member of WTO. With further development of our market economy, the present crime is characterized by unit crime in our nation. Although the Fifth Session of the Eighth National People's Congress adopted the amended Criminal Law of the People's Republic of China (there-after called Criminal Law in brief) which provides unit crime, the writer doesn't think it provides regularly and definitely. There's much room to consummate. And the writer often comes across a lot of problems about the theory of penalty to unit crime in the judicial practice. Such as, can voluntary surrender exist in unit crime? How about recidivism? Joinder of punishments for plural crimes? And so on. All those about application of penalty is worth our speculation and study.Unit isn't a living body but an organization. The whole volition inunit crime derives from the volition of natural persons------the unitmembers in some form. Not having vitality and the ability of thought, the unit cannot carry out its criminal volition directly in itself. Without natural persons, the unit hasn't any volition and any action. As the natural persons' volition comes into the unit volition that is carried out by natural persons, the unit may have the intention to enter an appearance and surrender itself to justice, confess its crime truly by its natural persons after its crime, which makes the unit voluntary surrender. In the same way, the unit may impeaches and exposes the other units' or natural persons' crime, which makes the unit meritorious service; if the unit has been punished according to the penalty provided by the law and then commits a crime in a fixed time, it makes the unit recidivist; since the unit can commit a crime, it can commit several crimes and should be punished by joinder of punishments for plural crimes.Is it law-ful that the unit crime is applied to voluntary surrender, meritorious service, recidivism and joinder of punishments for plural crimes? Article 101 of Criminal Law provides, "The general principles' applicable for the laws with penalty, but except the other laws with special stipulation." That called "the other laws with special stipulation" include not only special criminal laws but the sub-provision of Criminal Law. That's to say, the general principles, concerning voluntary surrender, meritorious service, recidivism and joinder of punishments for plural crimes, are also applicable for the articles concerning unit crime of the sub-provision of Criminal Law. So it's lawful that the unit crime's applied to voluntary surrender, meritorious service and joinder of punishments for plural crimes.