Crimes Committed By Units Of The Aging System Study

As a basic principle of criminal law, the system of prescription is the concrete reflect of humanitarianism in criminal law, and has important value of theory research and judicial practice. Compare with crime committed by the natural person, unit crime has some particularity of its own in the subject "of the crime and the subject of responsibility shoulder. The legislation of unit crime comes late in our country, and the number of cases of unit crime also grows in the last twenty years. So it becomes a controversial issue that how to understand exactly and apply correctly the regulation of the system of prescription in the unit crime. This dissertation tries to approach and prove the limitation of prosecution and the prescription of executing of sentence from two aspects of theory analyze and legislative design, and raise the corresponding concrete design.This dissertation concludes five parts, and they are preface, the brief account of the system of prosecution, the present situation investigation of the system of prosecution of unit crime, the unit crime limitation of prosecution in our country, and the design of unit crime prosecution of executing of sentence.In the preface, the special significance of the system of unit crime prosecution and the importance and the necessary of improving the relevant clause are stated.In the first part of the brief account of the system of prosecution, the meaning of prosecution of criminal prosecution and the origin of prosecution of executing of sentence are probed into. The theoretical basic and the value of the system of prosecution in criminal law are explained.In the second part of the present situation investigation of the system of prosecution of unit crime, firstly the author analyses three clauses of prosecution in our current Criminal Law. And then discusses the issue whether the prosecution of unit crime exists or not in our country. Finally, the author expounds the special significance of establish the system of prosecution of unit crime.In the third part of the unit crime limitation of prosecution in our country, in the light of the eighty-seventh, the eighty-eighth and the eighty-ninth clause, the author analyzes the limitation, the concrete applying, the difficult position of applying and the improve suggestions of limits, extended applying, the starting point, interrupte, suspend of prosecution of unit crime, and expounds the rationality of abolishing the extended applying of prosecution of unit crime. After that, the author make the theatrical analyze and the legislative design of the termination of the system of prosecution of unit crime which is not involved in the current Criminal Law, and the situation that the international crimes do not apply the system of prosecution.In the fourth part of the design of unit crime prosecution of executing of sentence, by means of analyzing and comparing the clauses of the limitation, the concrete applying, extended applying, the starting point, interrupte, suspend, the termination, and the eliminating the applying of prosecution of executing of sentence, the author enquires the legislative design of establishing the prosecution of executing of sentence of unit crime.