Research On The Double Penalty System In Unit Criminal

The work units has been prescribed as one of the main qualification in CriminalLaw in1997in our country which made it clear that the unit may bear the lawresponsibility for its criminal acts. However, the double penalty system and crimeunit both as the punishing principal of crime unit appears in different times. It hasbeen formed by combining with the situation of our country and borrowing theexperience of foreign legislation. Nevertheless, more supplyments are needed for itsshortage of time, the immature theories, the changing of the society as well as thechanges in double penalty system.Our country is not the criminal countries of the crime unit nor the formulatedcountries of double penalty system. It formed based on the combination situations ofour country and recruitment foreign legislations. But the double penalty system stillnees to complete since it takes a short period of time to take examples of foreignlegislation as well as the changes of the society.After a period of time of the discussion and groping its way, the officialpunishment principal of crime units was set especially in the second chapter fourthgeneral provisions which consists the punishment of the crime units and thepunishment of units directly responsible. Three reasons came to the formulation: first,from the perspective theroretical basis, the unit and the members of the unit arepersonality aparted, the main part includes the unit and the members of the unitwhich both represent its will. Second, from the perspective law, the principal ofbearing the consequences should be responsible by the handeled. The double penaltysystem made it proper and reasonable both the unit and the members of the unitshould take the criminal responsibility together. Third, from the perspective of thereal world, with the prosperity of national economy, the enterprises play a vital role inthe modern commercial society which creat the wealth for the society whereas allkinds of violations and bring harmful consequences to the social orders, at the same time, under these circumstances the single punishment seems to be weaker inpreventing criminals.Kinds of punishment are the same as to the units directly responsible of unitsand the natural person according to the the criminal law in our punishments. However,pecuniary penalty only be used to the crime units. So as we can see, there remainsshortages of practical actions though as long as the progress of crime units rules. Onthe whole, there are some shortages of double penalty system, such as the punishmentinsensitive is not enough and simple contents and the disordered management systemand it also has not considered some problems such like speciality of the governmentagency and the lack of pertinence of punishment system which caused manyproblems. The punishment of single and weaken punishment administration, thepecuniary penalty is not very proper to the crimes units.It mainly appears that the imbalance ways of punishment, various punishingmethods as well as the inadaptability of crime and punishment, all of these problemspromote the better advantages of double penalty system in judicial practice.Suggestions about the complement of double penalty system in crime units,many scholars suggest that we should add more kinds of punishment such as thequalification crimination and so on. Rebuild the penalty system also like make thefine as the principal penalties. But personally I think, as long as some certain kind ofpenalties of modesty proposed, there is still got some ways to solve problems insteadof by judicial administration.Thus, we should build the supervision system from the inner structral body sothat eliminate the crimes and the possibilities of crimes happen again. However, forsuch kind of rebuilding nees the test and verify of operability. As we all know,penalty only can prevent the happening of criminals only if we can set about theoriginal of crime units is good for the fair competition as well as rebuild theharmonious market economy and social orders.