Preliminary Discussion Of Several Questions Of Unit Crime In Our Country

Although in 1997 new criminal law to unit crime stipulation, fromminute then stipulated moved towards the general rule stipulation, thescope widely, quite is with emphasis prominent, the punishment relativedetermination, some many good points, must give the full affirmation fromthe overall, but because the short research unit crime history, has legislatedexcessively in advance, overestimates the legislation ability and the judicialability, excessively many broadly scatters the law net, causes in the judicialpractice, on the one hand the unit crime assumes the trend of escalation, onthe other hand the judicial world and the criminal law theorists have manydifferences and the dispute to the unit crime understanding.Revolves to have the dispute about the unit crime several questions,this article profits from with the absorption mature and the influentialviewpoint, has carried on some beneficial discussions in the certain level.The first question is the unit crime implication limits, in view of currentabout the unit crime concept argument, the author revolves the unit crimewhether take "unit name" as essential condition, whether is restricted in theduty activity or the business scope implements, whether has to think theunit seeks the benefit for the goal, whether has after the unit collectiveresearch decision or by the person in charge decided has carried on theanalysis, proposed the have a head on shoulder viewpoint, the crimedefined for the unit. The second question is the unit crime main bodyrecognized that, in view of the judicial practice in about the unit subject ofcrime qualifications in hard problem, whether namely the state agencybecomes the unit crime the main body, whether the private enterprise couldbecome the subject of the unit crime the contract, rents the enterprise andthe joint management enterprise whether becomes the unit crime the mainbody, Unit subject of crime in special circumstances, how determined thedirect responsible staff and other direct responsibility personnel's questionshave carried on the key analysis. The third question is the unit crimedecides after deliberation the system, this article determines guilt in view ofthe unit crime when discretion of punishment involves to surrenders,renders meritorious service, the accumulative offence, investigates theeffectiveness for a period of time and so on four questions, to academiccircles about unit crime whether can constitute surrenders, rendersmeritorious service, the accumulative offence, as well as the establishmentinvestigates the effectiveness for a period of time the argument todistinguish micro resolves doubts, from the above system establishmentpossibility, the necessity as well as recognized and so on the aspect hascarried on the exhaustive elaboration. The fourth question was the unitcrime common crime, this article from the unit common crime existencenecessity, the unit common crime concept and the form as well asdetermines guilt the punishment to carry on the quite comprehensiveelaboration. The fifth question is the unit crime legislation consummation.In view of in the unit crime legislation fault and the judicial practice theunit crime characteristic, this article proposed suitably reduces the unitcrime the main body, the accurate limits unit crime concept, the scienceestablishment unit crime punishment system, the effective addressingcertain unit crime articles legislations is contradictory, reasonablyconsummates in the new domain the unit crime, Specially set up the cuttingout amount system of the unit crime, and so on six have a head on shouldersuggestions.