Study On Unit Crime Procedure

Marx's words, substantive law has its own special and necessary litigation form, have touched on the importance of procedural law. On the base of taking full account of characteristics of unit crimes, this paper design the differences between the procedure of unit crime and crimes committed by natural person which is pretty special:In the legislative model, we should revise the Criminal Procedure Code and add some regulations about litigation of unit crime to the various sections of the Criminal Procedure Code by studying extraterritorial unit crime's litigation mode and combining our country's judicial practice.This paper has analyzed China's system of cases of unit crime in the following fields:filing jurisdiction, level jurisdiction and territorial jurisdiction. The power of filing jurisdiction should be performed by the public security organ, procuratorate and court and I define them from the jurisdiction range; Levels of jurisdiction, the light level of crime under the jurisdiction of the provisions of natural settings, for four levels of the jurisdiction of the court made a clearly defined; The establishment of the crime was committed under the jurisdiction of the courts mainly the domicile of the defendant or a natural unit of the defendant's residence to the jurisdiction of the courts, supplemented by the geographical jurisdiction of the system.Coercive measures on the special nature of crimes committed by units to analyze and learn from foreign countries on the basis of legislation proposed two ways to build our unit crime mandatory measures:One is to expand the existing use of coercive measures, to apply to crimes committed by units; 2 is to increase the supervision of operations, ordered to suspend business and other new enforcement measures.Units of the main form of participation in the proceedings of the special nature of the decision by the main unit. That construct the legal representative of the unit-based representative system of litigation to resolve a lawsuit in a conflict of interest issues and how to take the system analyzed.The penalty for crimes committed by units due to the lack of implementation of the safeguards and enforcement agencies is not clear, leading to difficulty in enforcement difficulties. Article in the unit of analysis, the implementation of existing legislation in criminal penalties for shortcomings, the proposed system should be established pre-paid deposit, And the establishment of prejudice against the implementation of the bankruptcy, change, and payments system to protect the units in the implementation of crime, criminal penalties.