Research On The System Of The Prescription Of Prosecution Of Unit Crime

As a very important part in theory of criminal law, the problem of prescription of prosecution has been paid less attention by criminal law circles. What is more ,the system of prescription of prosecution in current China is prescribed on the basis of natural person freedom punishment and vitality punishment while it doesn't concern prescription of prosecution of unit crime. The 1997 criminal law prescribes unit crime, at the same time it advances many new questions on the theory and practice of unit crime, one of which is the question of prescription of prosecution of unit crime. This article ,on the basis of former study in this field ,tries to make a elementary discussion on the theoretical foundation,setting criterion,limitation period , and length of prescription of prosecution .This article is divided into 5 parts , containing about 38,000 words, with note about 3000 words .In the introduction , the writer gives an explanation on the reasons for why choosing the question of prescription of prosecution of unit crime as the object of this article and signification of the study.Part 1: The basic theory of prescription of prosecution .First of all, the article gives a brief introduction of the history of prescription of prosecution and its conceptual property. Then, by commenting on the concerning theory of the produce and existence of the system prescription of prosecution both home and abroad, it advances the philosophical,sociological and legal basis of the system of prescription of prosecution. Finally, it gives a brief introduction of the lawmaking actuality of prescription of prosecution in Chinese criminal law, and comments on it.Part 2: The particularity of factors for prescription of prosecution of unit crime. In this part ,firstly ,the article discusses the particularity of unity case. As is different from natural person , unity criminal body is multiple body, having particular formal and content...