Research On Lawsuit Proceedings Of Unit Crimes

The new criminal law prescribes that the problem of investigating the criminal responsibility of unit crimes has become the important content of regulations of substantive criminal law of our country, after units make crimes. The birth and development of criminal responsibility of units in the criminal law is thus necessarily recognized and represented in the criminal law of procedure. However, at present the development of the criminal law of procedure and relevant judicial interpretations of our country in this aspect has far fallen behind the development of substantive law, which will greatly impair the role that the substantive law should play. In an attempt to study the major problems in the proceedings of unit crimes, this paper presents some advice of legislation, which expects to establish a relatively complete mode of the proceedings of unit crimes by means of legislation.I. Cases of legislation of criminal proceedings of unit crimesThe cases of legislation of criminal proceedings of unit crimes mainly include cases of codes, one-way cases and cases of interpretation, of which the biggest disadvantage of one-way cases lies in various messy regulations, between which conflicts easily happen. The disadvantage of cases of interpretation is that they, based on the current laws, can explain with regulations in the law and cannot without regulations in the law. Nevertheless, the cases of codes can effectively solve these two disadvantages, therefore the author thinks that our country should establish a complete code of criminal proceedings, of which there is a specific chapter stipulating some special problems in the proceedings of unit crimes.II. Jurisdiction of unit crimesAs for jurisdiction over placing cases on file, the author thinks that there is no need for the public security organs and the people's procuratorate to establish another standard for scope of jurisdiction over placing cases of public prosecution on file of unit crimes, still determining such scope in accordance with Article 18 of regulations of the criminal law of procedure, that is, such scope includes: (1) crime of accepting bribes of units, crime of bribing units, crime of bribery of units, crime of privately dividing national assets and crime of privately dividing property punished and confiscated, stipulated in the crimes of corruption and bribery of Chapter 8 of specific provisions of criminal law; (2) crime of abuse of authority of managing companies and negotiable securities in the crimes of malfeasance of Chapter 9; (3) for other major criminal cases made by the use of authority of national organs, national companies and units of enterprises, those stipulated by laws as unit crimes, when requiring the direct acceptance of the people's procuratorate, can be placed on file and detection by the people's procuratorate, after determined by the people's procuratorate above the provincial level. Except these, other cases of public prosecution of unit crimes should all be placed on file and detection. On the scope of jurisdiction over placing cases of private prosecution on file of unit crimes by the people's court, the author presents two suggestions: for those slight criminal crimes, without the public prosecution of the people's procuratorate and that the victim can prove with evidence, the people's court should only judge those with adequate evidence or those crimes by units, in which the direct responsible personnel in charge and other direct responsible personnel can possibly be sentenced the set term of imprisonment below three years; and for those in which the victim has the evidence to prove that the defendant violates his or her personal and property rights and should be investigated for criminal responsibility by law, the clear regulations are that "the people's court should accept those directly accused by the victim to the people's court by law, but those with inadequate evidence and the public security organs or the procuratorate organs can accept should be submitted to the public security organs or the...