Research On The Construction Of Unit Recidivism System

Since our country’s criminal law has not provided unit recidivism system, thephenomenon of unit repeat offending is difficult to regulate effectively in judicialpractice. The construction of unit recidivism system has important significance in thefighting and prevention of unit crime and recidivism.Unit recidivism is subjected to acrime circumstances which a unit has been sentenced to a certain criminal penalty forits crime, as in a legal term after its preceding crime’s criminal penalty has beenenforced completion or absolved, committed a crime again which should be sentencedto a certain criminal penalty. The necessities to construct unit recidivism system arethat unit crimes and unit recidivism has a huge to society, the necessary requirementto achieve the purpose of punishment and the objective needs of judicial practice.Unit recidivism reflect more serious offender dangerousness than first offense, in linewith the basic principle of criminal law that everyone is equal in the application ofcriminal law and a foreign enactment can be learn to provide feasibility to theconstruction of unit recidivism system. The subject of unit recidivism must be unit, inthe subject condition we should consider these specific circumstances which caninfluence the composition of unit recidivism: the unit is revoked or canceled,separation and merger, the overall unit and its internal organs, headquarters andbranch company, parent company and subsidiary company, the preparatoryorganization and the company which established after the preparatory organization.As criminal penalty condition, in unit’s penalty and responsible person’s fixed-termimprisonment we can choose one of them. As time condition, in five years after all thethe unit and its responsible person’s criminal penalties have been enforced completionor absolved is appropriate. As subjective condition, the quilt forms of unit recidivismmust be intention. The legislative design of our country’s unit recidivism systemshould combine the constistic condition of unit recidivism and draw on French’sseparate legislative mode. If the subsequent crime constitutes unit recidivism, the unitand its responsible person should be given severe punishment. In relevant issues withthe judicial application of unit recidivism, we should moderately consider theinterests of the unit and its members. When unit recidivism and drug recidivism hascoincidence, we should punish the unit and its responsible person severely accordingto the provision of drug recidivism. The unit’s responsible person can not constitute natural person recidivism for he has implemented natural person crime. When severalunit crime subjects’ responsible person are identical, if this circumstance constituteunit recidivism, we should punish severely according to the provision of unitrecidivism, if it can not constitute unit recidivism, we may consider relevantcircumstances to give the unit and its responsible person severe punishment in themeasurement of penalty.