Discussion Of The Important Issues Of Penalties Applicable To Crimes Committed By Units

Crimes committed by units of society as an objective fact of human social and economic development to a certain stage of the product. As against the crimes committed by units with a wide range of relatively high concealment, destruction and spread fast and so strong, it brings the loss and harm is difficult to estimate, especially for the destruction of social and economic order, very serious. For criminal policy considerations, a growing number of countries will not only affirmed the legal theory (unit) has the ability to separate criminal liability, but also the units of crime into the criminal legislation. According to the reality of crimes committed by units, as well as the need for punishment of crimes committed by units, our Criminal Code amended in 1997, prior to the relevant one-way in terms of employment on the basis of legislation on crimes committed by units made a total score is a combination of provisions, not only in sub-rule in the order the previous every single unit of crime by the criminal law provisions, but in the General Provisions section 30 the unit was in principle the implementation of the provisions of crime. While China's criminal law has been clearly defined units of a crime, but the settings are still in the penalty of crime is a natural person, based on the penalty also applies to natural persons only in the light of the relevant provisions of the crime, this is bound to result in penalties for crimes committed by units in a number of difficult and confusing. Meanwhile, with the continuous development of social and economic unit of crime has shown a more complex situation where the harm to society have been expanded. Thus, the author proposes, we should start the independence and specificity of crimes committed by units start with the penalty for crimes committed by units the application of more in-depth discussion, look for personality in line with penalties for crimes committed by units the application of new ideas, to ensure that truly punishing and preventing crime unit. In this paper, a combination of theoretical and practical perspectives on the penalties applicable to crimes committed by units of the several important issues to explore, trying to initiate a targeted view.This paper is divided into four parts, about 32000 words, the penalty for crimes committed by units of the several important issues were discussed.The first part discusses the value of units in accordance with the applicable criminal penalties and criminal policy basis. First of all, the author discusses the value of the concept and values of human behavior, that the penalty for crimes committed by units of a social activity as a human should also be the values of domination. Penalty applies whether or not directly determine the proper values of the penalty applicable to the rationality and legitimacy, so the value of units in accordance with the applicable criminal penalties should include justice, order, efficiency, humanity four areas. Second, is to define the unit of the applicable criminal penalties for criminal policy based on the content, and less favorable relative to economic implications of criminal policy were expounded, and then pointed out that the less favorable relative to economic policy in the criminal penalties applicable to crimes committed by units in the concrete expression include: issues relating to state, public security or the value of life crimes such as smuggling of weapons, ammunition, production, sale of toxic, harmful foods such as the crime, strictly crack down should be reasonable, but for only the violations of economic interests of ordinary crimes committed by units should be leniency is appropriate.The second part of the unit of the principles of criminal penalties applicable to the study. First of all, crimes committed by units and individuals, while there were common characteristics of crime, also has its own peculiarities, so units in the process of criminal penalties applicable in addition to the penalties applicable to our country to follow the principle of universality but also to reflect their personality to follow the principles of penalty . Secondly, through the discussion of the relevant provisions of China's Criminal Law, the author proposes the principle of balance of crime and punishment principle of individualization of punishment in our country the principle of universal application, and pointed out that this is a fair value and effectiveness of the penalty values of the decision. Penalties should be the crime on the community's social harm rather, that penalty-phase equilibrium and crime, which is the need to punish crime, reflects a fair value of the penalty; the level of penalties should be the size of criminals adapt Dangerousness that the penalty should be individualized, which is the need for crime prevention, reflecting the effectiveness of the value of the penalty. Again, I respect the principle of balance of crime and punishment the specific meaning of the principle of individualization, as well as criminal penalties applicable in the unit carried out in the embodiment in detail. Finally, when discussing the crimes committed by units based on the particularity of proposed double punishment principles and economic principles is a unit of the specific principles applicable to criminal penalties, and double-fine the meaning of the principles and economic principles and the basic requirements for start discussion. The third part of the right kinds of units in the application of criminal offenses were discussed. Application of Criminal kinds of crimes committed by units including the kinds of punishment for crime unit and the persons directly responsible for crimes committed by units of the kinds of punishment applicable to two-fold. First of all, in the kinds of punishment for crime units in the current situation on the basis of reflection, the author proposes the improvement of more comprehensive proposals, mainly from the amount of punishment to determine the manner prescribed fines and reform of Penalty applied in a manner to improve the status of three aspects of criminal fines criminal penalties on crime units to perfect, and the addition of crime units eligible for punishment, and the addition of other property, penalties, additional penalties announced three new kinds of criminal judgments. Second, from the application of the death penalty, free criminal aspects of the application of two persons directly responsible for crimes committed by units of the Criminal kinds of application are discussed. After a brief comment on crimes committed by units directly responsible for the criminal kinds of status quo, the author proposes the following two comprehensive proposal: First, the unit should be a full cessation of crimes are directly responsible for the death penalty; second is directly responsible for the crimes committed by units of application of liberty proposed should distinguish between genuine and non-pure unit crime units crime, crimes on non-pure units directly responsible for the freedom of punishment, I believe that charges should be lighter than a natural person with the crime of liberty; for the pure unit personnel directly responsible for crimes of liberty should be done by the Criminal Code specifies otherwise.The fourth part of the probation system, the establishment of crime unit were discussed. After a brief introduction to the part of the probation system, based on the general theory, proposed the establishment of crime unit probation system, the legal basis, legal basis and practical basis. Then, the author discusses the criminal probation system unit specific application of the idea proposed criminal penalties on China units to perfect systems, the crime unit crime units probation system, including criminal fines and criminal units eligible for probation sentence suspended. At the same time, the author of the crime unit criminal penalties applicable conditions of probation have been studied that the crime unit criminal penalties applicable conditions of probation include: a precondition, that is, a certain amount of crime unit were sentenced to criminal fines, crimes committed by units directly responsible persons in line with natural suspended the applicable conditions; two real conditions, namely the units do show repentance, non-criminal enforcement of fines is not addressed to further undermine the community; three exclusion criteria, that is, probation shall not apply to repeat offenders. Meanwhile, drawing on the French unit of crime-related provisions of the Criminal Code, based on the combination of China's current probation legislation, and I qualified for the crime unit suspended sentence for recommendations.