The Research On The Question Of China’s Application Of Fine To Unit Crime

Along with our country socialist market economy and the establishment of development, China’s unitcrime number has increased, as a punishment of unit crime means fine punishment in our country havegradually expand the scope of the trend, and the punishment of organizational crimes have been in play avery important role. However, in the face of the new trend of development, it is necessary to do finepunishment of existing for further discussion, in order to perfect the unit crime fine punishment aspects forhelp.This paper is divided into the following5chapters:The first chapter discusses unit crime of fine punishment according to applicable theory. This can bedivided into two parts: the first part is discussed unit crime fine punishment according to applicable, rewardfrom socialist, utilitarianism and the dialectical unity and punishment to humanity and economical aspects,and puts forward the unit crime fine punishment shall apply when fully consider related factors. The secondpart of fine punishment and unit crime analysis of the internal relations, from existing form and function ofpenalty try fine punishment in countries unit crime is popular in the basis.Chapter2discusses of unit crime subject of fine punishment. Divided into three parts discussed: thefirst part of our country’s relative laws on the unit crime fine punishment subject regulation, namely toChina’s current penal code and related explain as the basis, is mainly to the main consideration in the unitcrime all units and natural person whether can constitute the unit crime are fine punishment of the mainbody of the problem. Through to the structure characteristics of the unit, the legal characteristics and thenature of the our country about the unit crime fine punishment for legislation on the subject to make paperanalyses, the negative for the unit crime is repeated fine punishment of existing regulations. The secondpart to clear of unit crime fine punishment of subject choice put forward Suggestions, one is consideringscrapping double punishment system,2it is to further perfect the existing double punishment system. Sothat the unit crime is after fine punishment of subject and legal punishment function and the realization ofthe requirements are in agreement. The third chapter basically research unit crime fine punishment in the amount of the applicablestandards. To the criminal code provisions in to the unit crime for the number of fine punishment for thefine punishment based on the way data analysis, and points out the first analysis of unit crime finepunishment for the standard of the amount of the defect, or practice in large amounts in the land ofunlimited fine punishment, cause and the basic principles of criminal law and departure from spirit; Timesof fine punishment than insufficient, cause damage to the greed of the punishment of the crimes of the poor;Limit applicable objects and fine punishment unknown standard, and, to some extent, limit its functions.Then, based on the above situation in China is put forward to the amount of the fine punishment of unitcrime set optimization method, from the crime to the characteristics of the crime and the greed of greed andcombining with sex crimes unit and the relevant responsible persons to establish the responsibility.The fourth chapter explores our country unit crime fine punishment for the given circumstances.Mainly from three aspects, the first part discusses the surrender of unit crime, elaborated the unit wasestablished in the theoretical basis and voluntary surrender of a unit conditions and effect. The second partexplore unit crime of fine punishment for observing problems, through the analysis of the positive andnegative view of that unit crime excluded for are feasible, according to different situations and put forwardthe principle of the punishment of the observing a unit. The third part explore unit crime fine punishmentfor the recidivist is formed, because in our country criminal law on the crime of evaluating unit is only thisa whole unit, and not to be unit and as members of the unit to evaluate natural person apart, so this paperthat the unit cannot constitute a recidivist, in to the unit is not fine punishment sentencing necessary.Chapter5main analysis of unit crime fine punishment in the implementation of the problem. Of unitcrime fine punishment problems during the process of the implementation of the main reflected in manyunits in criminal lawsuit process, including investigation, prosecution, trial or performance stage may take avariety of illegal methods, such as the cancellation of enterprise, transfer of property, set the falsemortgages, making a fine crime unit property cannot be judicial authority to execute, and thus led to theunit applicable to fine punishment to implement some unreasonable system been widely applied. The firstpart of this chapter of existing units by the advance payment fine for the situation and the nature of thesystem were analysed, points out that its not property preservation measures; Executive margin point ofview, it is actually will pay a fine as the basis for the penalty discretion. This violated the criminal procedure law of our country without the people’s court according to law, no person shall be guilty of thebasic principles; More cannot be applied the theory of public law debt, so for its negative. The second partof the system to demand the indefinitely in the judicial practice the disadvantages of appear to carry on theanalysis, thus recovered to indefinitely on system negative, and Suggestions for the unit crime in theestablishment of China’s fine punishment of limitation system of execution. The third part is a finepunishment in the implementation of China’s problems is proposed. It is suggested that the establishedproperty status investigation and with the volume to rules and regulations, and make clear unit crime finepunishment of executive main body, cancel the prepayment penalties system, establish the executionlimitation system and additional security system and punishment method, and other ways to ensure that theunit crime fine punishment can be carried out effectively.