Research On Criminal Proceeding Of Unit Crimes

Unit crime and criminal liabilities thereof have been definitely prescribed by Criminal Code 1997 of People's Republic of China , and sufficient attention has been paid to unit crime in terms of substantive law .However , criminal procedural law dose not accordingly reflect criminal liabilities of unit crime, which lays down in criminal substantive law , because amendment to criminal procedural has not been established, serious imbalance existing between substantive law functions to its utmost , on the condition that it has its own subsequent litigation procedure. Criminal law and criminal procedural law have a content-form relationship, and the former serves as foundation for the latter, but the latter safeguards the former, therefore, to construct litigation procedure for unit crime falls into urgent need to crack down unit crime and safeguard human rights.This spirit of impartiality, efficiency, effectiveness three major principles of the Chinese judicial practice specific to the analysis, two parts elaborate, it is first necessary to the basic theory analysis to construct theoretical basis, Legislation which units stylistic analysis, code style, stylistic interpretation of the law and the single law stylistic analysis of the actual engagement in China legislation. We believe that the option of the Code of Criminal Procedure amending Chapter secondary crime units of some special circumstances. Units in the main proceedings is the main unit of the uniqueness, Through a comparative analysis of the current world more used in several ways, the legal representative said that the absence of judgment, legal representative said on behalf of the proceedings and said that such proceedings representative said that the solution to the litigation problem of conflict of interest, and how to take action on behalf of the system analysis, system through jurisdiction, mandatory system of special measures constitute a basic study theoretical basis, Also in accordance with the proceedings conducted dynamically crime unit of the Criminal Procedure. Crime units for criminal investigation and prosecution, the trial procedures have put forward their point of view. The paper units in the criminal system of criminal conduct a systematic study Crime unit will be criminal proceedings as an organic whole, By comparison study on crime units Criminal perfect system of legislative proposals.