A Research On Unification Of Condemnation Amount Standard Of Unit Crime And Natural Person Crime

Unit crime generally called as corporation crime abroad, it first appeared in British legal provisions. There was no unit crime before 1980 s in C hina. But with the process of China’s reform and opening up and the development of commodity economy, it gradually establishes legal person system; and unit crime has gradually become a comparatively serious social problem. It is very necessary to regulate on unit crime in law. Therefore, in 1997, on the basis of summarizing practical experience of criminal justice and referencing abroad criminal legislation system, criminal law regulates on unit crime using legislative modes of combining general provisions and specific provisions. However, due to the limit ation of legislative background and limiting acknowledge of new things, as a new subject of criminal law, unit unavoidably existed some defects and numerous deeper problems at beginning of its establishment. Although as a subject of criminal law, there are huge differences between condemnation amount standard of unit crime and condemnation amount standard of natural person crime. The same criminality leads to such huge difference seemingly which is seemingly against to the justice and equality of law. Does such diversified condemnation standard have theoretical evidence? It has not yet reached a consensus on such issue between academic field and practical field. Basing on the above doubts, this paper carries out a research on condemnation amount standard of unit crime. And it hopes that by this discussion, it will bring some helps for the improvement of condemnation amount standard of unit crime.There are four chapters in total in the test of this paper. Chapter one is about the status of condemnation amount standard of unit crime and natural person crime. It primarily discusses three issues, namely, regulations about condemnation amount standard of unit crime in legislation; regulations about condemnation amount standard of unit crime in judicial interpretation. C hapter two is about theories of condemnation amount standard of unit crime and natural person crime. Defects of diversified condemnation amount standard are presented in chapter three. It mainly discusses three defects of diversified condemnation amount standard, separately as, effects of criminating unit joint crime, effects of measuring penalty of unit and natural person and the excuse of natural person escaping punishment by diversified condemnation amount standard. It unifies the condemnation amount standard of unit crime and natural person crime in chapter four. It primarily discusses the flowing issues: theoretical foundations of unifying condemnation amount standard of unit crime and natural person crime, the feasibility of unifying condemnation amount standard of unit crime and natural person crime and schemes of unifying condemnation amount standard of unit crime and natural person crime.