Unit Crime Punishment Research

With the rapid economic development and domestic and foreign crime unit volume increasing rapidly. Crime unit to cause harm and social impact is also becoming serious. How to effectively prevent and combat crime units all over the world is facing important issues. At present, domestic and foreign criminal penalties in units of legislative practice, have not yet formed a complete system of punishment. In this paper, the analysis of the domestic and international units criminal penalties main theory, and theory of punishment penalty on the basis of units of domestic criminal penalties of this defect, a perfect our units criminal penalties legislative proposals. The full text is divided into three chapters.The first chapter of the domestic criminal penalties on the main unit of the theory, and divided into three categories for assessment. On that two main violation of the equality of all persons before the law, punishment alone can not explain the system's main number. not found common crime units under the main crime. Recognizing the "cascade theory of criminal responsibility for crimes unit can not solve a single subject of the crime, not for the responsibility associated problems, inconsistent with the principle of self-responsibility. Misreading conceptual problems. think that only on the overall responsibility for a single representative of the main theory is very reasonable -- that Only the main unit crime unit 1, the nature of corporate identity, Internal crime that is as natural grass-borne elements of the crime, can be identified as the main unit crime theory.Chapter II, section I of the domestic and international units criminal punishment theory. considered contrary to shift responsibility system pays principle, the principle of the responsibility Penal fair, objective principles consistent, easily make use of natural criminal impunity negative influences. substituting penalty system is also contrary to the principle of self-responsibility and fair criminal responsibility, can easily weaken the deterrent force of criminal law; mixed-mode against legal equality concept of single penalty system into these drawbacks, the unit increased criminal penalties confusion; Their only penalty system with other departments coordinate legal theory, embodies the principle of self-responsibility. Implementation of combat and crime prevention units of double purpose of the Penal Code, can be used as development and refinement of this unit crime punishment theory. Section II analyzes the theoretical units criminal penalties deposit In the shortcomings that China's hybrid system, in the main crime and crime units of subjective elements that constitute a crime defined unclear, to the Judiciary and the theory has caused a lot of confusion, the proposed new units identified the main perpetrator of state organs removed, Their punishment will be produced only for the punishment of crime units and implement the theory in the end.section I, Chapter III of the United States, Germany, French and Japanese units criminal penalties legislation, Review of the respective advantages and disadvantages. that the United States unit of the crime punished with a more detailed penalties and, multifaceted, comprehensive crime units to judge the harm to society, convicted of a crime units should bear criminal responsibility, relatively impartial. establish eligibility sentence, the use of probation and other crime prevention unit. have to go in front of the States. think Germany not openly recognized corporate crime, despite the penalty system Relatively speaking, German corporate crime penalties complete absence of the United States. While acknowledging that the French corporate crime for a comparatively short time. but the penalty has been more perfect. using a natural life sentence similar to the dissolution of corporate penalties and provisions against corporate crime, criminal fines more severe. for the powerful economic entities, and sometimes not achieve a fine punishment to achieve results, France took similar to the Penal natural crime against freedom of criminal punishment and qualifications and other punitive measures. Japan only in the Chief Criminal Law provisions of the Corporate Crime Punishment, It penalties for crimes committed by units of a single type of comparison. Section II of the domestic units criminal penalties the state of legislation exist and the reasons for the shortcomings. My view on crime units in a single type of penalty, a fine amount of uncertainty, lack of procedural and criminal fines to be additional punishment, deterrence lower; for the criminal charge directly responsible for the internal personnel and personnel directly responsible for the provision of the death penalty is too harsh, punishing a single species. is not conducive to the prevention of further crimes, penalties imbalance. theory premature, excessive legislation ahead Legislative experience and skills shortages. Overestimation judicial capacity is the main reason causing the defect. First discussed in section III of the foreign units built perfect crime legislation and -- the United States, Australia and scholars of corporate interference in the internal reform and enforcement measures that the measures exist to the imposition of sanctions to the discretion of whomever. Then we discuss the legislation on the perfect crime unit recommendation that the third option -- to reform the current unified apply to natural persons and criminal penalties for crimes unit system, Construction applicable to natural persons and criminal penalties apply to crimes committed by units penalty two penal system. the effective natural to punish crime, Another effective use of a penalty system to punish crimes unit. Section IV examines the perfect crime units in China's legislative punishment and. My view directly in charge and directly responsible for the ban should apply to life sentences, explicitly condemn standards to prevent crime units of the double punishment, eligible for additional criminal. proposals on crime units established penalties similar to the natural life sentence, the Liberal sentence, eligible sentence, Penalty gradually improve, the specific amount of fine, applied in a manner and scope of a fine source of the collection measures safeguards and other issues made specific provisions.