Unit Of Defendants Involved In Criminal Litigation

Since our country's Criminal Law was been amended in 1997, there have been some material rules on crimes committed by a unit in the Amendments to the Criminal Law of R.P.C. And then, the unit becomes one of the subjects being prosecuted in the Criminal Law. As we know, there are some essential differences between the crimes committed by a unit and the crimes committed by a natural person, so some particular rules in the procedural law adapting the differences must be established. However, the Criminal Law was been amended earlier than the procedural law, which results in that there are no especial rules on the unit committing crimes in the actual Code of the Procedural Law. In other word, we didn't establish some rules on the crimes committed by a unit when our procedural law was been amended. As theses reasons concerned, many units that committed crimes can not be punished duly and effectively in the practice, and at the same time, it impairs the primary function of the Criminal Law. After serious-minded review on the practice of the public prosecution, the author thinks that the rules of the procedural law on the unit committing crimes can not meet the expectations of the practice. On condition that the particular proceedings which adapts the necessary of our practice being setting up and perfecting, the author figures that we must harmonize the conflict between the procedural law and the substantive law by setting up an expert system of the units joining the criminal proceeding, In a word, we must ensure correct enforcement of the substantive law by perfecting the procedural law.The article introduces the current theories of the crimes committed by a unit in our country roundly, and analyzes the four typical representative theories of unit joining the criminal proceeding as an accused rationally, such as the theory of legal representative, the theory of litigant representative, the theory of agents ad litem and the theory of judgment by default. Compared with the rules on the crimes committed by a unit of other countries and the pacts of the U.N.,and considering the fact of the conflict of the criminal justice and the settlement of the difficulties which we meet in the practice, the author puts forward a new opinion that we must establish a new system which allows the agents of the unit committing crimes to appear on the trial, and the agents may be the representative of the unit or other person of the unit, or the lawyer hired by the unit, and the author insists that the system must be established in the adaptation to the necessary of our country's justice practice. The author considers that we can settle the difficulties by the system, which we usually face when the legal representative of the unit would not like to appear on the trial and there no other provisional litigant representative in the criminal proceeding. Furthermore, the author thinks over the feasibility and the rationality of the system according to the actual characteristics of the crimes committed by a unit, and as a supplement to the system, the author brings forward that we must approbate the judge make a judgment by default when there is no way to confirm the litigant representative of the unit. All these enrich and perfect the way by which the unit joins the criminal proceeding as a defendant, and synchronously, the value of the Criminal Procedural Law may be come true more effectively.The article inaugurates the new system on two aspects: one is the demonstration of the essentiality of the unit which joins the criminal proceeding as a defendant, the other is the analysis of the rationality of the judgment by default when the defendant is the unit.The article is divided into five parts, and sums to almost 4, 6000 words.