Applicable To The Crime Unit Of The Penal System Concept

With a period of the argumentation by the theory circle ,with several year's judicial practice after the promulgation of 《the custom law of the P.R.C》in 1987,facing the serious condition of the unit crime ,in 1997 the legislature adjusted the criminal code ,by which the criminal subject of unit .the two-punishment system and the fine penalty against the criminal unit are provided.But after three year's judicial practice since that adjustment, the requests of readjusting the criminal code relating to the unit crime have been proposed by many scholar and practitioners ,Who have found that the code doesn't satisfy the realistic need to hit the unit crimes which are getting serious more and more .The author as a criminal judge , according to the judicial practice ,analised the following problems of the existing legislation in this thesis:1.Conflicting with the principle of the "punishment fitting the crime";2.Conflicting with the principle of the science of the penalty setting ;3.Unfitting the reality of the need to hit and prevent the unit crime ;4.Hindering the research on the form of unit crime and the criminal penalty system ,influencing the development of the theory system of the unit crime ;5.Not jointing with the related administrative punishment system;6.Helping leading to the judicial corruption. Then on the basis of many scholar's suggestions and the experiences of foreign legislation ,the author created the criminal punishment system that including the penalty,such as depriving of the right of business operations ,and auxiliary penalties, such as depriving of the property and honor title.In the principal penalty system there are suspension of business, confining the business scope,and the forced dissolution.In the auxiliary penalty system there are finepenalty,confiscating the promoted his opinions on the conceptions and execution messures of all kinds of penalty.Connecting with the principle of prescribed punishment for a specified crime ,the principle of punishment fitting the crime ,the scientificity of criminal penalty,and the relation between the criminal penalty and the administrative penalty,according to the purpose of being useful to the whole penalty systemˊs function,the author proved the scientificity and reasonability of the said penalty system. In this thesis the author analysed some views and compared the said penalty system with these views such as consummating qualification punishment,and replacing the principle penalty of fine with the principle penalty of life line. Finally the author suggested that the said penalty systen should be parallel to the existing penalty system of natural person,constructing the two parts of penalty system of the criminal person,constructing the two parts of penalty system of the criminal code, so as to satisfy the two tyes of criminal subjects . The author also designed the clauses arrangement relating to the said penalty system,tried to inosculate it with the clauses of penalty system of the existing criminal code.