Research On Surrender Of The Unit

1997"Criminal Law of the People’s Republic of China (hereinafter referred to as the" Criminal Law ") has determined the unit is one of the subject of crime to improve the criminal the main system, formed the main pattern of binary units and natural persons. To surrender, the countries also issued a judicial interpretation to be improved. However, compared with a more perfect natural person surrendered system, the criminal subject-units Can set up surrendered has not been clearly defined. To this end, the theoretical sector units should be set up surrendered to discuss, and formed two views of certainly view and Negative view. Certainly view think that unit is equal subjects of crime and natural persons, So for the voluntary surrender of the crime the main the same should apply to the unit. Negative view thinks because the units do not have the ability to express their will, and cannot be the same natural person to take coercive measures, so the units cannot be established surrendered.In this paper, to departure from the real’s point of view and combined with the current criminal law theory and legal basis, find out the basis for the establishment of legitimacy by analyzing surrender of the units can be established. Established in recognition of units surrendered, how to identify surrender of the units, how to punish that. As well as how the voluntary surrender of the existing improvements make it applicable to the unit. This article analyzes from the four aspects, in order to the judicial practice.The first part, Focus on the unit surrendered say for sure that the analysis and comparison and negation, explained that from a legal expansion units of personal independence point of view the comments say for sure and negative, To arrive at this point of view-the unit surrendered shall be established. Then from surrendered system set up the essence, the purpose of punishment, criminal law principle of fairness and responsibility and punishment to adapt the principle of unit independent personality, units of the distribution of benefits, the credibility of law and economics and legal point of view, the legitimacy of demonstration units surrendered.Second part of the unit surrendered to the establishment of elements from the main body, will, behavior analyzes demonstrate the circumstances in which the unit should be set up surrendered. Among them, the main elements of the means which units can be set up units surrendered; The will of the elements of how to found surrendered meaning that the unit as a whole will; Behavioral elements, including the unit surrendered to the implementation of the behavior of people who can represent the units of units surrendered, and units surrendered behavior should include behavior. Combination of natural persons and in the end, turned himself in, list the units surrendered to the special circumstances, including the quasi-unit surrendered, special units surrendered to the Voluntary Surrender of units of a crime of negligence, as well as crimes committed by units surrendered a single penalty system identified.The third part, whether it should be the effectiveness of the units surrendered and natural persons in the unit to conduct feasibility studies to determine the range of units surrendered to the effectiveness of the units surrendered for the different effects of natural persons in the unit because individual differences exist, cannot be generalized. And the establishment of units surrendered to the units of the Principle of Punishment and penalties discussed that unit surrendered shall follow the lenient principle of double punishment-based, single-penalty system, supplemented by units and units of the natural person to be punished.Part IV focuses on the system of the unit surrendered how to improve based on the existing voluntary surrender. Analysis of the current legislative model to choose from for the current situation for the system of units surrendered by way of legislation-judicial interpretation. Voluntary surrender of the existing judicial interpretation, surrendered can be applied to units in the field of voluntary surrender, the formation of a combined condition of units and natural persons.