The Research On Problems Of Unit Crime In Sentencing

Comparing to individual crime,unit crime has its particularities in the aspects of the subject of crime and undertaker of the liability. Meanwhile, the research of unit crime in China started late, cases that addressing in juridical practice was increasing gradually in the last decades, therefore, the cases that concerning with unit crime is too complicated to handle not only in the field of criminal law but also in juridical practices, it is difficult to reach an agreement; Sentencing is the stance of the theory of criminology and punishment, and also it would seriously influence the realization of the goal of the penal, so how to regulate the sentencing so that decrease the mistakes and improperty of sentencing and realize the judicial fairness would be the worldwide problem. As one of the basic institutions in the Criminal Law, the institution of sentencing play an important role not only in criminal law but also in juridical practices, it is of great significance in the theoretical research and juridical practice, so how to accurately understand, and properly apply to juridical practice concerning with unit crime is still a big problem. The sentencing of unit crime will be much more complicated, and the research about this field in China is few, so it is of great utility and necessity to dedicate to this field. This article will start with the two angles--theoretic analysis and the legislative aims of the sentencing institution of unit crime, and then attempt to illustrate the weak points of the sentencing of unit crime and provide some judicial and legislative advice.This article is composed by five main parts:Introduction,Summary of the institution of criminal sentencing,The comparative study of the unit crime sentencing,The current situation of unit crime sentencing in China,The perfection of China's current sentencing institution of unit crime. In the first part of introduction, it indicates that sentencing of unit crime is of great significance in our juridical practice, and the research has its own theoretical meaning and practical meaning. In the second part, summary of criminal sentencing, we will first probe into the definition and the characteristics of criminal sentencing, and then find out the origin and development of the institution of sentencing, finally we will illustrate the theoretical basis and value of the criminal sentencing. In the third part,the comparative study of the unit crime sentencing,first we will analyze the differences of sentencing mode in two worldwide legal systems, then through the investigation of the common principles of sentencing and common ways of sentencing, we start a comparative study of the principle of sentencing and way of sentencing in Great Britain and U.S.A and France, Eventually, we will find out the deficiency of our China's principle of sentencing and way of sentencing. In the fourth part, the current situation of unit crime sentencing in China, we will elaborate the problems kept in the current unit crime sentencing system in China from the two angles of legislation and juridical practice. In the fifth part, the perfection of China's current sentencing institution of unit crime, first it will provide a bird view of the direction and aim of the unit crime sentencing reformation, and then the writer will present his suggestion on the perfection of unit crime sentencing reformation. At last, the writer will gather all the arguments and then give a conclusive summary, and stress the significant value of institution of unit crime sentencing in building a law-centered society and a harmonious society.