Study On Several Questions Of Unit Crim

Eventhough there is unit crime in the 1997 criminal law of china, there are divergences on several points of unit crime in the scope of criminal law. This paper focuses on discussion of concept of unit crime, characteristics, essentials, subject determination, residivest and voluntory surrender, litigation and punishment on the basis of the regulations of unit crime in China, making use of regulations and theoratical research of other countries. At the same, I state out the related questions which should be stressed and perfected in unit crime punishment in legislative and judicial practice.Chapter I is about the introduction of unit crime. In this chapter, I organize and evaluate the legal procedure of the concept of unit crime and other viewpoints and then get the concept of unit crime. I also talk about the jurisprudential characteristics and pracvtical characteristics. At the same time, I disscuss the legislative condition of unit crime in and out of china.Chaper II is about the subject of unit crime. I focus on if one-person company, state agency, the branch organization and inner mechanism of unit and private enterprises can be the subjects of unit crime, and state out the reasons.Chapter III is about the residivist of unit crime. I talk abou if there is unit residivist in criminal law, if unit crime should be established, how to add unit crime and how to set up the punishment principle.Chaper IV is about voluntory surrender. This part includes if there is voluntary surrender in unit crime. I give out the reasons of setting up this system, the conditions of unit voluntary surrender and punishment principle.Chaper V is about litigation of unit crime, including jurisdiction of unit crime case, determination og litigant participants, application of compulsory measures and prosecution limitation of unit crime.Last part is about the legislative perfection. For substantive law perfection, I talk about the perfection of subject, punishment principle, fine penalty regulation and penalty kinds and so on; for procedural law perfection, I talk about the prosecution limitation and subject name perfection.