The Punishment Theory Of Unit Crime

In modern society, the legal person as a form of social organization have been involved in all aspects of social life. However, while promoting social development and progress, many corporate organizations have also implemented a number of sabotage against the economic order and other social behavior, which affect the healthy development of society. That the corporate crime should be punished have become the consensus of the contemporary world. Since there are still a large number of illegal organization widely exist, our country does not use internationally accepted "corporate crime", instead of using a "unit crime" of the title, this is for China's actual situation.Although most foreign countries and regions are recognized theories of criminal legislation and criminal units, there are significant differences in some areas, for example, the concept of unit crime, the theoretical basis of the punishment of unit crime, which unit crime can be defined, the sentence patterns selection, and so on. The author mainly use comparative method on the issue of unit crime.First of all, the author compared the concept of the domestic and foreign unit crime, and considering that the unit crime is the company, enterprises, institutions, organizations, groups of interest to the unit by unit leadership, or unit responsible for personnel decisions of lax management, breach of statutory obligations, by the unit staff in the implementation process of the serious business harmful to society, contrary to criminal law and criminal responsibility for acts according to the law.Secondly, The theory of the punishment for crimes committed by units-the criminal liability theory, the author introduces several foreign representative theory, such as vicarious liability theory, "personal liability" theory, "reactive corporate fault" theory, and so on. On the other hand, The author sums up the main unit of our academic theory of criminal liability, and think that criminal acts by members of the unit actually has a dual nature-not only the unit's behavior, but also the behavior of the members of the unit.In the third part, the author described that which unit crime can be defined. There is a great controversy of this issue in the national theory.The author studied the criminal law of many countries, then combined the criminal legislation in our country, and think that it should be in keeping with the nature of the unit and the social practices.In the fourth part of the author elaborated the punishment patterns for the unit crime. In criminal law theory and practice, there are two main models can be fine: single punishment and double punishment. However, single-and double punishment system have their own deficiencies, so many countries including China adopted the mixed mode. In my opinion, since the unit crime is vary widely, using a single penalty model, the system often can not receive the appropriate punishment. The mixed mode was able to maximize the advantages of double punishment, but also to make up for its shortcomings, so it is more scientific.In the last part, the author describes some of the more representative of foreign criminal penalty types and methodology, together with the provisions of Chinese criminal legislation, pointed out the defect of the criminal penalties of Chinese legislation, and make my own points.