On Some Legal Circumstances Of Determining What Punishment To Give Of The Unit Crime

Whether the unit crime comes into existence or not, this argument along withthe emendation of the new criminal law has already come to an end for the timebeing. The unit crime that is taken in the general principle of the new criminal lawfrom foreign family of law by lawmaking transplant after drawing fruits of theoriesand practice so as to resolve the problem from the angle of lawmaking whether theunit crime exists or not, making sure completely the legal position of the unitpertaining to crime liability and enlarging scope of application in many ways.Having joined the WTO and market economy of our country developingfurther, currently, the unit crime has become the hotspot and difficult point. In thejudicial practice, the puzzle whether the unit crime has legal circumstances ofdetermining what punishment to give such as surrender to justice, makingcontributions, recidivist and others as same as crime of natural person exists. Theunit being legal subject of crime has corresponding organ of declaring will whichexpresses its own will, the will of the organ is the same as the will of natural personin the law. However, the unit as a tissue which is made up of natural personswithout lives and concrete material configurations of itself. The criminalconsciousness of the organ of declaring will which is given voice by a concretenatural person ultimately. Therefore, the differences exist between the organ ofdeclaration of will and the expression of the natural person.Generally speaking, After committing crime, the unit has the will of givingitself to the police as well and declares the crime of the unit according to the factsby the internal persons. By the same token, the unit will impeach and disclosure thecrime facts of other units or natural persons.What's more, after being penalized, if the unit commits a crime once more inthe period setted in the law, Do this accord with important documents of system of determining what punishment to give such as surrender to justice, makingcontributions, recidivist and others in the general principle of the new criminal law?HOW to settle the issue of declaration of the unit's will? How to ensure to give alight sentence or to give a heavier punishment in the bipartite punishment system orthe single punishment system?Hence, the author hopes to ask for advice from everybody by doing researchon the legal circumstances of determining what punishment to give for the unitcrime in this article, and further expects to throw out a brick to attract a jade tointensify the study on the legal circumstances of determining what punishment togive for the unit crime.In addition to the preface, the article is divided into the four parts totally. One,putting forward the problems- the evaluation of dangerousness of the unit on thebasis of the theories of the legal person impersonate; Two, some possibilities andthe necessities of system construction for the legal circumstances of determiningwhat punishment to give for the unite crime Three, specific affirmation for somelegal circumstances of determining what punishment to give for the unit crime Four,the punishment principles and the corresponding lawmaking suggestions for somelegal circumstances of determining what punishment to give for the unit crime.The first part focuses on the analyzing and the evaluation of the dangerousnessof the unite crime after hackling theories of the legal person personification. Theauthor educes that the legal circumstances of determining what punishment to givesuch as surrender to justice, making contributions, recidivist and others areimportant evaluating factors of system of determining what punishment to give.What's more, Discussion concerning subjects of the unit crime should apply theabove-mentioned legal circumstances of determining what punishment to give.The second part includes three sections.Section one is to differentiate and analyze the affirmative and negativestandpoint followed by the debate of subjects of surrender to justice through thecase example and to clarify the author's viewpoints;Section two emphasizes the author holds the comparatively negative standpointon the basis of introduction and evaluation of three kinds of standpoints such asaffirmation, absolute negation and comparative negation, that is, currently, our country has no unit recidivist, the recidivist's system in the general principle of thecurrent criminal law can't apply the unit crime, so should modify the lawmaking toput up unit recidivist's system;Section three argues the necessities and possibilities of system construction oflegal circumstances of determining what punishment to give such as surrender tojustice, making constructions, recidivist and others in the unit crime, then elaboratesfrom three aspects: the first is inevitable request of the criminal law; the second isowing to the realistic characteristics of the unit crime; the third is the feasiblesupport provided by theories of the unit crime.The third part explicates the terms of establishment and application forsurrender to justice, making constructions, recidivist and others in the unite crime.Firstly, the initial conditions for establishment of the unit surrender to justice is thewill of surrender to justice expressed by the unit policy-making agency or thedecision maker; The concrete conditions are unit's surrender to justice voluntarilyand deposition of the unit's criminal acts faithfully.Besides, this part gives argument to the application and impossibleestablishment of the unit's surrender to justice.Secondly, discussing the conditions of establishment of the unit's makingcontributions such as subject, time, behavior and others and listing possible existentproblems in a specific way.Thirdly, addressing subjects and subjective and objective conditions for theestablishment of the unit recidivist; discussing the requests of the offense times,offense quality, time within objective conditions; differentiating and analyzing thevarious standpoints of the theory field to get my own standpoint that the unitrecidivist in which the unit is penalized certain sum fine and in which the internalresponsible personality of unit is penalized above fixed-term imprisonment and ispenalized above fixed-term imprisonment within five years after completing penaltyof fine or being forgiven or being exempted. The unit recidivist should be givenheavier punishment except fault. Moreover, corresponding argument for theconditions of establishment of special recidivist of unit is given to drug crime andthe smuggle crime. Fourthly, the author plays an emphasis on the punishment principles for theunit surrenders to justice, making contributions, the recidivist, insists the principlesof unity of penalty for the unit crime. As long as surrender to justice, makingcontributions, recidivist come into existence, the unit and the governors forresponsibility directly and other directly responsible personalities should belenient or be given heavier punishment in the bipartite punishment system, thegovernors for responsibility directly and other directly responsible personalitiesshould be lenient or be given heavier punishment in the single punishment system.Then, according to the above-mentioned treatise, author puts forward thecorresponding lawmaking suggestions.