Discussing The Statutory Sentence Of Crimes Committed By Unit

Crimes committed by unit is a highlight in the criminal law amended in1997, which is one of focuses .The reason why the writer wants to write thisthesis is that she ever has published one article. Although it is not similarto this one, it can be considered as a start to investigate this question.Many person research questions with regard to crimes committed byunit, but the writer feels that discussing and studying the statutory sentenceof crimes committed by unit is limit, especially comparison the statutorysentence of crimes committed by unit with that of crimes committed by naturalperson, and comparison the statutory sentence of unit with that of responsiblepersonnel. In the article the writer clears up and sums up the provision oflaw in order to research this question at a new angle. At macro and wholeangle, compared with the statutory sentence of person, the statutory sentenceof crimes committed by unit has its own characters. The writer also lays downseveral pictures and charts, distributed to almost every chapter, in orderto reveal that the distribution of crimes committed by unit, the penaltyprinciple of crimes committed by unit and the kinds and the extent of penalty.There are three reference points in this article whichare attempted bythe writer. Firstly, the writer makes some pictures and charts to express opinions clearly and directly. Secondly, exercising comparison, especiallyin section four and section five, the writer wants to overcome monotonedissertation in order to give readers a new feeling. Finally, as a thesis,the writer should have her own opinions, such as the intact system ofinvestigation into the criminal responsibility, comparison fine in thepenalty system with fine, natural person's penalty related to crimescommitted by unit being lighter than that of personal crimes, unit's penaltybeing lighter than that of natural person's related to crimes committed byunit and so on.The article is distributed to five chapters.Section one: expounding the principles of laying down the statutorysentence of crimes committed by unit: dispunishmentlization, timeliness,certainty and limitation. Placing emphasis on crimes committed by unit, thewriter analyses the reasons of dispunishmentlization ,the meaning and theoperatability of investigating into the criminal responsibility and theembodiment of dispunishmentlization of crimes committed by unit.Section two: at macro and whole angle, introduce the historical situationof the statutory sentence of crimes committed by unit, put forward that weshould conceive an integrate system which we should center criminal code on,consider special criminal law and accessory criminal law as supply, combinesubstantive criminal law and other substantive laws, and use criminalprocedural law to guarantee. Enumerate punishment principle of crimescommitted by unit and explain the meaning and aim of doctrine of dualpunishments we adopt and demonstrate the science of doctrine of dualpunishments.Section three: subject of crimes committed by unit——unit, is exercisedthe kind of punishment——just fine. In the chapter, the writer wants todiscuss the status of fine in the penalty system, the reasons of exercising the fine, and whether it is appropriate to be introduced into new kind ofpunishment. From stipulation and outcome of penalty, comparing criminal finewith fine, the writer wants to reveal the deficiency in joint of amount.Section four: natural person is the other penalty undertaker. The writergeneralizes the kind of the criminal fine and conjectures that legislatorswant to avoid natural person obtaining economic benefit from crimes. Thereare three kinds of natural person: directly in charge responsible personnel,other directly responsible personnel and directly responsible personnel.Especially, discuss the reasons of punishing directly responsible personnel.Section five: basing on section three and section four, the writercompares statutory sentence of unit with statutory sentence of natural personrelated to crimes committed by unit in the kind of penalty, the extent ofpenalty and the amount. Demonstrate which aspects may affect the amount offine and American criminal law can be considered as an example for China touse for reference.In the process of writing, lack of rich and well-knit knowledge, so thereis deficiency which the writer hopes to be pointed out and instructed byteachers and schoolmates in the thesis.