Study On Unit Crime From The Viewpoint Of A Legally Prescribed Punishment For A Specified Crime

The principal of a legally prescribed punishment for a specified crime has been explicitly stipulated in Chinese criminal law revised in 1997, which has also defined unit crime in principal. Specified legislation temporarily cools down controversies about whether these two hot theoretical issues should be governed in criminal law. Much can be appraised in the newly revised criminal law, which is mainly characterized by legislative thoughts, guiding principals and techniques. However, we should be aware that the revised criminal law has many defects in that many stipulations are not perfect and need further consideration. Using theory of functional conflicts, this dissertation attempts to discuss and evaluate the structure and system of unit crime in revised criminal law as well as its effects from both positive and negative sides. This dissertation consists of the introduction, main text and conclusion. The main text has three chapters. The introduction part firstly makes some analysis on the historical background in which the unit crime is create in china, then probes into the value and function of the principal of a legally prescribed punishment for a specified crime, and finally analyzes relevant stipulations in the 罪刑法定视野中的单位犯罪研究 法学硕士论文摘要 4revised criminal law together with the value orientation and spiritual essence of these stipulations. In the main text, the first chapter starts from the theory of functional conflict and analyzes the function of unit crime and the principal of a legally prescribed punishment for a specified crime, with a brief introduction to the stipulations about unit crime in Chinese criminal law before and after it was revised. Based on analysis about stipulations concerning unit crime in the revised criminal law, the second chapter appraises emphatically the structure and system of unit crime stipulated in the revised criminal law and its effects. From the standpoints of legally specified crime and legally specified punishment, the author discusses in detail the advantages and disadvantages, gain and loss of unit crime in the new criminal law stipulated according to the principal of a legally prescribed punishment for a specified crime, exposing characteristics, achievement and defect in legislation of unit crime in bot . Founded on how to bring the constitutive function of unit crime into play, the third chapter aims at the defects existing in Chinese legislation about unit crime and suggests its own viewpoints and legislative advice to perfect stipulations of crime and punishment concerning unit crime. The conclusion sets forth the legislator's tenet of establishing constitutive conditions of unit crime, explaining how the judiciary should master such spiritual essence in performing it legal duty.