Ponder On The Problems Of The Unit Recidivsm

China's scholars did not discuss the unit recidivism until the unit crime was be established in the criminal code.Of course,no the unit crime,no the unit recidivism.Scholars'discussing on the unit recidivism is based on the following reasons.First,since natural persons and units can all become offenders on the criminal code,and a natural persons can constitute a recidivism,then the unit can also become a recidivist logically.Second,as China's market economy continues to be improved,that,as the main socio-economic important activities,the unit,can be a recidivism after its initial crime too,is an indisputable fact.Third,It's the need for improving the criminal law and achieving the criminal law purposes.Fourth,there was the establishment of foreign precedents on the unit recidivism,such as France.Some scholars comprehend it only from the literal provisions of the Criminal Code that the individual is recognized by China's criminal law actually as one main of the recidivism,such as the Penal Code section 365 provisions of the drug offense.But some scholars have also expressed a negative attitude,on the grounds that the original intent of legislation based on the legislators and the legal principles of the criminal law to prove China's criminal law does not recognize the unit recidivism.1 personally agree with the negative unit recidivism of criminal law point of view.Although the current Penal Code does not require the units constitute recidivism,but theory and in practice,there is the existence of space in recidivism for the units.The Criminal Law whether or not to establishs the unit recidivism system depends on the objective needs of society and the effect of the criminal punishment on the unit recidivism,as well as the theory perfect on recommitment units and legislative skills.The existing criminal law system is only for natural recidivism,and the unit again to constitute a crime,is still with the relevant provisions of sub-sentence convicted and punished,and no special provisions,which,to some extent,the unit's subjective malignant and repeated harm to society have not been punished,which should be punished.If the recommitment units in the system set up,we have to refer the system of the natural persons recidivism at time,but to break the original mode of thinking on natural recidivism,that affects us on our thinking,To constitute a unit recidivism system,on the subjective and objective elements of recidivism,as well as significant as defined in sentencing convicted of both general principles of criminal law,including criminal law changes,will be a demanding theoretical works!China's economy booming along with the units at the same time increasing in the number of recommitment cases have asked the unit reciidivism system of law a strong voice.Looking at all the recommitment case,however,the number of cases of unit recommitment and the number of cases compared to natural recidivism is a very small,and the Criminal Code penalties for crime in general has achieved the purpose of the criminal law.Therefore,from the theory conditions and objective needs,I believe that our country has yet to set up the unit recidivism system at present.