Research On Issues About Unit Crime Criminal Punishment

Our <People’s Republic of China Criminal Law> revised in 1997 formalized the system of unit crime in the criminal code. There provides the concept of unit crime and its criminal penalties pattern in the general section, and detailed the crime that unit could commit as well as criminal penalties for units in sub-section. Unit crime as a basic provision in the general section of China’s Criminal Law, has always been valued by the criminal law scholars. To the issues of criminal penalties for theoretical questions about the unit crime, our criminal theorist has form different viewpoints and theories. This paper will launches the elaboration theories about more important criminal penalties for unit crime such as the integration of criminal responsibility, mechanism of double crime,on the joint criminal, the personification of social system responsibility theory, on social independent body. By analyzing the advantages and disadvantages of each theories above, this paper is inclined to the last theory. Next, this paper focuses on the foundation of criminal penalties in the unit crime. First, the basis of unit criminal penalties is the presence of unit personality, which is based on the theory of legal realist.Secondly, the unit needs to implement the crime prohibited by the criminal law objectively, which includes decisions researched by units decision-making bodies or decided by person in charge in the units and are implemented by the relevant members of the internal unit, and behavior decided by the relevant members of the internal unit themselves. Again, units also need to have 2 intentionally or negligently guilt subjectively.As a social organization structure, the sanctions regime against the unit is different from the sanctions regime against the natural crime. To achieve the purpose of punishment to fight against the unit crime, the legislators must consider from two perspectives of the unit and its relevant members, and formulated the unit crime criminal penalties mode suited to the characteristics of the unit scientific and rational. In this part, the paper describes the theoretical foundation and advantages and disadvantages of three criminal penalties legislative models in the presence of the theory and practice of criminal law, which are single penalty system, double penalty system and three penalty system. The single penalty system include shift penalty system and substitute penalty system. Above all, this paper think double penalty system is the most suitable unit crime criminal penalties mode for China. Against the view that there exist the so-called single penalty system in our criminal theories, this paper demonstrates there don not exist single penalty system unit crime in our criminal law from factual and ought point of view. The newest legislative interpretation about unit crime formulated in 2014 has solved the issue that the unit commit the crime which are not regulated by related law, and brought some conflict of laws at the same time. This paper give an example of loan fraud crime and put forward the settlement proposals in perspectives of note provisions and legal fiction.The types of penalties for crime unit is established only one penalty. This is more or less concerned with the hasty legislation of unit crime in our country, and obviously is unable to meet the trend that the unit plays a growing role in social life and the prevailing dominant economic role. In terms of criminal property about unit crime, our existing provisions are not clear in the amount, and are difficult to carry out, as well as could not play a role in warning units. First, this paper put forward to improve the legal status of fine penalty in our criminal law. We could formulate the fine penalty as the principal penalty in our criminal punishment law system. Secondly, we should impose specific amount of standard of fine penalty, and to avoid the vague of unit criminal penalties. Again, we should increase forfeiture of property penalties for crimes units. In the meantime, after learning from foreign mature experiences in the relevant legislation, we could increase disqualification to the crime unit in some business area and restriction to the crime units engaged in certain conduct as the qualification punishment penalty type.There formulated the sentence circumstances of recidivism, surrender, render meritorious service in the general section of our criminal law. In view of the origin of above sentence circumstances, we could find that these systems are formulated for natural frankly. The current sentence circumstances system is transformed from the 1979 criminal law, so there simply failed to consider the issue about the application of unit crime at the beginning of the legislation. In this part, the paper points out the problems of the current criminal penalty discretionary system about unit crime of our country from there perspectives: whether the unit can be set up to surrender and how to be identified, probation system can not be applied to unit crimes and the absence of statute of limitations system in our unit crime punishment discretion system. For the above-mentioned issues, and learn from foreign legislation and judicial practice, as well as combined with our actual situation, this paper suggests that our criminal law could consider to complete in such ways: clear unit crime surrender system, apply unit crime probation system and establish unit crime statute of limitations system.