The Positive Argument On Unit Recidivism

In1997, it was confirmed in the criminal law that unit crime exists whichfinished a prolonged academic debate. Unit owns independence for having thefunction of meaning, action and responsibility which are independent from itsmembers. It could become an independent criminal subject and be responsible to thecrime. And the subject of the unit crime can solely be the unit concluding directresponsible person. Viewed from the two aspects of both legislation practice andtheory of the criminal law in our country, there is no necessary to set up a system forsingle punishment, but the unit crime which adopting single punishment should beformulated as natural person crime.There is no doubt a progress for the existence of unit crime confirmed by thecriminal law. Unfortunately, we keep silence toward the issue of unit recidivism.Neither did we regulate unit ordinary recidivist nor unit special recidivist. However,keeping silence does not mean the issue did not exist. From the ought-to-be level, wewill see the unit could be a crime subject to commit a crime, thus it may commitanother later; while from the to-be level, there are a lot of objective facts of unitrecidivism. In one word, unit recidivism does exist, no matter viewing in fact or itshould be. Therefore it is apparently to be necessary to add the unit recidivism system.In addition, the necessity also reflects in the following two aspects: firstly, it meets the need to complete criminal law in our country and implementing the principle ofpeople’s equality under the criminal law. Secondly, it is conductive to preventing orcracking down on unit crimes again which could reflect the principle of balancebetween crime and punishment. It is not only necessary but also practical to add unitrecidivism system: firstly, the positive argument of criminal law towards unit crimeprovides a precondition for discussing the feasibility of unit recidivism system andthen legislative pattern about the unit recidivism in foreign countries are as reference.Unit recidivism refers to unit crime assuming a severe consequence of heavierpunishment due to unit intentional crime of being certain punished because it crimesagain in the limited legal time (no limit under special circumstances) after finishingexecuting a certain punishment or being remitted for an unit intentional crime. Unitordinary crime concludes limits of subject, offence, penalty and time. Subject termlimits both the former and later crime should be unit crime; offence term limits boththe former and later crime are limited to be intentional crime; penalty term limits theunit members to be sentenced to fixed-term imprisonment or heavier and the unit tobe sentenced for fine punishment of500,000yuan or more; time term limits the latercrime to happen within5years after being remitted or finishing the execution of thesentence for unit member and the fine punishment for the unit of former crime. Thedifferences between consisting of unit special recidivist and unit ordinary recidivistare as follows: first, unit special crime requires both the former and the later crime tobe a crime for subsidizing terrorist actions; second, unit special crime does not have afive year time limit; third, the unit special crime does not have a penalty limits.