Unit Crime In

Along with the establishment of market economy in our country, activities by various economic entities become more and more frequent, causing constant increase on the type and field of unit crime and much more impact as well. The crime committed by a unit in our current criminal law is separately listed in Crime of Chapter2, which demonstrates that we have officially list the unit crime in our law. However, the former framework of criminal law was constructed for the crime committed by natural person, and the bearance of criminal liability upon the crime committed by a unit was confined only by fine penalty. The former judging system of penalty and execution system which are applicable of the crime committed by natural person can no longer adapt to the unit crime. The clauses regarding to the bearance of criminal liability upon unit crime may sparsely be shown in some judicial explanation of The Supreme People’s Court, which still cannot be its own system, and also cannot fully perform the basic principles such as openness and fairness, crime and punishment accordance, severity with leniency etc., and cannot give a full play on striking crime and preventing crime which are the function of criminal law. Through analyzing the crime constitution of the crime committed by a unit, the essential difference between the crime committed by a unit and the crime committed by natural person and the shortage of our current criminal law on striking the crime committed by a unit, this article is aimed at demonstrating that the system of the bearance of criminal liability upon crime committed by a unit must be independently established, then it shall adapt to the demand of striking and preventing the crime committed by a unit from now on, and experimentally propose a view of regulating the crime committed by a unit in our criminal law, which comparing the crime committed by natural person. This view including new kind of punishment, new judging system, new execution system and new bulletin system on supervising is proposed to be applicable to the crime committed by a unit. What’s more, it tries to make the system of the bearance of criminal liability upon the crime committed by a unit in our criminal law to be in accordance with the basic principles of the criminal law, and to make it logically integrated, convenient to practice and above all to fully exert the function of the criminal law aiming at striking crime and preventing crime.