Study On Unit Surrender System

Crime subject provide natural person and legal person be based on the generalprovisions of the criminal law，The object of punishment is also a natural person andlegal person，however,natural person surrenders is in the unit before appeared in thecriminal law，and Unit surrender in sentencing plot is not clearly stipulated in thecriminal law.This leads to a result，which is surrender system did not form a separateunit,because Unit surrender in related theory is based on natural person surrender oras a reference。So,Unit surrender are defective,These problems such as:subject ofUnit surrender、sentencing of Unit surrender、The surrender of relationships betweenmembers of the unit，judicial practice also appeared many problems to be not solved.These will greatly reduces legal effect and social effect that criminal law set up Unitsurrender in order to realize。Therefore,Unit surrender is analyzed from five aspects by author, hoping tocontribute to the improvement of the system of Unit surrender.The first part is on thebasis of established units surrendered,which divided into academic basis and legalbasis, and the academic basis is divided into Affirmation theory and negativism,Theauthor in favor of affirmation theory, and expounded in detail,Legal basis is throughthe existing legal provisions and judicial interpretation to confirmed that there areunits surrendered. The second part is the components of the unit surrender, which aredivided into four aspects：the subject of the unit surrender, consciousness of unitsurrenders、 automatic surrendered、 truthfully confesses.The third part is therelationship between the unit surrenders and members of the unit. Which are Dividedinto Affirmation theory、negativism and qualification theory, and the author agreed tocompromise, and discussed in detail. The fourth part is a surrender of punishment.Which are Divided into two aspects：Unit crime of criminal responsibility imputationbasis、Unit surrender penalties。The fifth part is The improvement of the unitsurrender,Which are Divided into four aspects：Build system of unit crime surrender、Build system of unit crime punishment、 The reform of property penalty andqualification penalty...