Thesis On Recognizing The Unit To Surrender And Perfection Of Legislation

"Crime of unit" established in 1997's Penal code, the unit as one of the subject of crime made the criminal law complete the transmutation that one-element subject-natural person changes into two-element subject--natural person and unit. The research on "Crime by organizations" not so deep, legislator didn't amend the about institution of penalty correspondingly, which causes confusion on applying the institution of penalty in judicial practice. The current criminal law didn't give a clear answer to problems in terms of the surrender institution as one part of the penalty measurement about whether or not to apply it to unit, how to recognize it and how to punish unit.This article based on the information gathered from the academic and legislative resources and started from the view of recognizing unit to surrender to solve a series of problems about it. Thus this article will discuss from the point "recognizing the unit to surrender"; firstly, it discusses the reason to establish the institution of the unit to surrender which is the premise of the whole institution. Secondly, it elaborates the legal effect of the unit to surrender. Lastly, the author puts forward a couple of suggestions on improving the legislation of the institution of the unit to surrender.This article has four parts. It takes twenty thousand words totally, with annotation of two thousand words.The first section aims to clarify the reason to set up the institution of the unit to surrender. It divides into two parts, theoretical premise and legislative support. After introducing and evaluating different viewpoints, it systemically represents the theoretical and legal reasons to establish the institution of the unit to surrender. The author believes that there are theoretical basis and legislative foundation in affirming the unit confession which can established. There are two parts of its theoretical basis namely the unit crime is the premise and agent of unit confession. The legislative foundation of unit confession mainly regulate in judicial interpretation of smuggling crime as well as regulations of special voluntary surrender.In the second section, the author discusses "crime by organizations" from the angle of the difference between the unit to surrender and the natural person to surrender. The author analyzes the elements of recognizing the unit to surrender into two types, the preliminary element and the ordinary one. The preliminary element applies only to the unit, while the ordinary element to both.In the third section, the author put the focus on some problems in the penalty measurement after recognizing the unit to surrender. This section divides into two parts and each part responds to the unit and the natural person. The author believes the important issue of application of penalty in unit crime is whether we can apply the standard of "mitigation of punishment" and "exempted from punishment" of unit. I support the viewpoint of mitigation of punishment, and propose the author's viewpoint on the standard of "exempted from punishment". On the part of application of penalty on natural person, the author elaborate the reason which the effect of unit confession can extends to the natural person, and discuss on the person in unit which compare with the others natural person on the subject of lenient punishment.In the fourth section, the author comes to a conclusion by the foresaid reasons. The suggestions on legislation is put forward to remind the lawmakers to improve the relative institution of crime of unit.