A Study On The Unit Esists Problem

Criminal law provisions about Surrender applies only to natural person before it transferred the unit to a subject. After the subject of Criminal Surrender was separated into natural person and unit, while it is still ambiguity whether the provisions can be applied to the unit. So, there has no combined opinion on unit surrender in both Criminal theory and judicial practice. It has formed two ideas in Criminal theory,"Positive"and"negative", there was also no unified judgements about unit surrender in judicial practice. Because of a series of difficult problem of unit surrender appeared in judicial practice, super judicial courts issued two judicial explanation in 2002 and 2009. Although the two judicial explanation only for smuggling and the duty crime, it also confined that the crime unit can be applied Criminal provisions from another aspects. For there is no special unified provisions about unit surrender, it takes on no consistent and clear criteria on judgements and other problems in judicial practice. In this paper, the writer tried his best to analysis the unit surrender and related matter, hopeing to do a favor to the construction of unit surrender. Besides the introduction and ending, this paper can be divided into five parts:In the first part of the paper, the author firstly introduces two different viewpoints in scientific theory about whether the unit surrender can be founded, and specified with the relevant cases; Secondly the author proposed his own view beyond his study, believeing unit esists can be formed; Finally the author puts forward the four governing reasons.The second part of the paper, the writer talks about the convict of unit surrender, for unit confession, unit voluntary surrender, and truthfully confess based on the unit will, conduct a name for the implementation of the units, also follows a detail explanation.The third part of the paper discusses several special problems associated with unit esists. The paper first discusses the necessity of a unit surrender under the single penalty system; Second talks about whether revised surrender exist in unit surrendered and some special occasions; Finally the author discussed in detail about in the surrender process, if a representatives of the staff has gone after unit esists surrenders, also ate his words after truthfully confessed.The fourth part of the paper is firstly about the effectiveness of unit surrender and its detail reasons; then the author talked whether revised and special surrender existed in single penalty system circumstances and double punishment system circumstances, and how to give a sentence to the representives or the unit.The fifth part of the papers is some suggestions for establishing unit esists system, hoping to do a favor to the provision revise.