Unit Crime Research On Some Problems

Our country criminal law in 1979 of unit crime without provision, with the further reform and opening, the middle of 1980s, units have become increasingly rampant smuggling. For effective strike such smuggling activities, February 22, 1987, by the customs law of the People's Republic of China in specified by the unit and its relevant responsible for unit smuggling activities should be criminal responsibility,thus solved the unit crime legislation prologue.1997 revision of the criminal was formal establishment of unit crime unit crime, a lot of regulation, one involving unit crime laws more than a hundred bars, basically formed a complete unit crime legislation system, this for the punishment of unit crime has provided the favorable legal weapon. But,new criminal provisions of part of the unit crime, operational principle of too simple and is not strong, not for some specific issues forward an effective solution, thus led to criminal law theory and the judicial practice sin for the unit crime, subjective ideology, prosecution sentencing problems concerning limitation there is bigger dispute, this will inevitably affect our team about the unit crime provisions and the new criminal law correct understanding and implementation.In view of present debate the bigger question of the in-depth analysis and exploration, to expect to judicial practice can rise to a certain reference. This paper will be divided into five chapters content, the first chapter of unit crime subjective sin parts. First the existence for theorists dispute the argument of criminal negligence of unit of the examples, and puts forward his own understanding. Secondly, the characteristics of criminal negligence for unit are described. Chapter 2 is the key, namely unit full criminal pattern. Separately from the unit crime accomplice form and unfinished for unit cuts and form can become common crime subject and unfinished form conditions comprehensive analysis. The third chapter is about the unit crime sentencing part of unit esists and unit for the criminal law enactment of system and not expressly unit crime sentencing problems make elaboration. The fourth chapter research unit crime prosecuted timing, the main expounds how to determine the unit crime prosecuted criminal prosecution unit of aging, and the limitation of counted, interruption, extended system, and so on. The fifth part is the full text in the last part of the first four chapters, summarized based on perfect our unit crime, and puts forward Suggestions of legislation.