Research On Some Issues Of Litigation Procedures Of Unit Crime

The 1997 criminal law of the PRC confirms the accusation of unit crime. But our current criminal procedure law has not given specific regulations on special procedures for the application of such cases by focusing on its particular characteristics. The explanations on some certain issues of the enforcement of the criminal procedure law of the PRC rendered by the Supreme Court gives a special chapter on the procedures for the unit crime. But the regulations are mainly about the court procedures, which still cannot be properly enforced in practice because it has not be empowered by the higher level law. In recent years, new problems emerges time by time since it is difficult to find concerning laws to be applied in judicial practice. With the heated appealings of the rectification of criminal law, it turns out to be an urgently important question for research on clarifying the procedural problems of the participation of unit in criminal procedure, which can help to find out criminal responsibility of the unit crime regulated by the criminal law. Based on the characteristics of unit crime itself, the real situations of or country, the drawing of experiences of foreign countries and the analyzing of the judicial practice of our country, the article gives a comparatively deep research on fundamental issues of the participation of unit in criminal procedure, such as the litigation subject of unit crime, way of participation of the procedure by the accused unit, application of coercive measures and enforcement of the unit penalty. The author holds that such discussion might have some positive influences on the perfection of law making of the procedure of unit crime.