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On The Unit Crime Pursue For The Time Limited Efficacy

Posted on:2008-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:J H LuFull Text:PDF
GTID:2166360242959476Subject:Law
Abstract/Summary:PDF Full Text Request
Pursue for the time limited efficacy system is an important legal system degree of the penal code inside. What it resolves is right for a crime to can be still to with the punishment's problem. The our country penal code is certain to pursue for what time limited efficacy of the standard is a free penalty and life penalty. Their standard is the tallest penalty of the legal. The free penalty and life penalty just be applicable to the natural person's penalty categories. Commit crime with the natural person in the system in our country penal code is opposite to unit crime. Unit crime contains its special lawmaking background, constitute the important item. In many ways it is different from commit crime in the natural person. Current penal code system and the concept of a lot of laws that rule primarily aim at the natural person's crime. It is completely difficult to be applicable to the unit crime. Particularly on pursue for the time limited efficacy system. Because the penal code provision punishment unit commit crime principle therefore the"double punish the system"is single for main principle,"to punish the system"for assisting, at the unit crime inside the pertaining to crime the majority that punish the circumstance is unit and natural person, and therefore the punishment unit is main goal. The penal code inside contain penal sum, current what penal code make sure to pursue for the time limited efficacy standard to penalty of applicably unit to commit crime and can't completely apply to unit crime, but such as simple adoption penal sum penalty the conduct and actions make sure unit crime pursue for the time limited efficacy standard to practice in the judicatory inside exists a lot of problems. It can be seen from the practice that establish the lone unit the crime to pursue for the time limited efficacy system is essential, and also is viable.How to make sure what unit commit crime to pursue for the time limited efficacy, theories field and actual situation field the issue contiously, bring upped the different standpoint. Some people think that inside directly adopt the penal code the provision of article eighty-seven, and others think they can divide the penal sum penalty. Here foundation the top is certain to pursue for the time limited efficacy, and the had thinking can commit crime to pursue for the time limited efficacy to make the unification to unit a provision, return to had think can according to the unit crime criminal charges for infring unpinning difference certain different time limited efficacy.The writer think to above standpoint after making synthesize the analysis and the above standpoint all have it's certain of truth, but not is the best choice. Want now the best choice that crime of certain unit pursue for time limited efficacy should provision current penal code proceed revise, increase establish to unit crime penalty, here foundation top, according to the characteristics that the unit commit crime, certain a the set have and do not pursue for the time limited efficacy system in what natural person commit crime. It is concrete to commit crime and can increase the penalty category that establish to units, and include the behavior the penalty, property the penalty and reputation the penalty pertaining to crime the bankruptcy as so on .On the new penalty category for increasing establishing the foundation, according to the scathing grade. From that way certain unit that category of each penalty shine on the penal code to natural person crime the crime is certain to pursue for the time limited efficacy to commit crime different to pursue for the time limited efficacy term. Revise of the penal code commit crime to unit of pursue for the time limited efficacy can in a specific way make the following provision: Unit tallest penalty of the crime is a behavior penalty of , pass by three years. Unit tallest penalty of the crime is property penalty of , pass by five years. Unit crime tallest penalty is a reputation penalty of , pass by the decade. Unit tallest penalty of the crime bust up for pertaining to crime of , pass by two decade. Exceed the above provision term, and no longer pursue the pertaining to crime duty to criminal offence.
Keywords/Search Tags:time limited efficacy, unit crime, the unit crime pursue for the time limited efficacy, lawmaking perfect
PDF Full Text Request
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