Construction Of Unit Crime Qualification Penalty In Our Country

Content: Qualification penalty is a kind of representative of the direction of light punishment means punishment which limits the actors engage in certain activities of qualifications or deprivation reputation. At present, the research on the qualifications penalty is very few involving only natural crime aspect. Although the unit can be used as the subject of crime in China’s criminal law and unit crime has been prescribed by the combination of overall and split, Laws and regulations has not been a conclusion for qualifications penalty. Crime unit will bring a wide range of violations and can not easily be found, its losses and hazards can not be ignored. China’s criminal law of unit crime punishment only has criminal fines, with reference to the relevant provisions only from natural crime, which causes many difficult and confusing in units criminal penalties. Thus, a sound call on unit crime punishment to be set imperative which is undoubtedly a good choice. In view our country does not have punishment for unit crime qualifications penalty, So building this system need to learn from foreign legislative experience, and accomplished on the basis of the reality of the unit crime and the guidance of China’s current criminal law.In this paper, qualification penalty for crimes committed by units of our country has been designed by research methods as comparative analysis, inductive reasoning, systems theory and reference to relevant information abroad, combined with our national conditions and principles of criminal law. The existence of this system has a remarkable significance and value.This paper consists of five parts. The main contents are as follows:The first part is the introduction, this section focuses on the analysis of the background, purpose, significance and the status of domestic and foreign research of the unit crime qualification punishments as well as a brief introduction to research methods and the innovation points of this paper.The second part is an overview of the unit crime qualifications punishment. First defining what is a unit of crime from the concept and the views of different scholars on the unit crime. Secondly, discussing the characteristics of the unit crime from the main crime, crime subjective aspect, criminal object and objective aspect of crime which introduces crime unit. Third, comparing the disadvantages and advantages of the different punishment theory of units crime, such as pass system, substitutional punishment, double punishment and mixed-mode theory. Finally, taking the double punishment as punishment theory and discussing the theoretical basis practical basis and significance in China.The third part, introducing the extraterritorial legislation of unit crime qualification penalty. Extraterritorial legislative experience pave the way for the construction of the unit crime qualification penalty in china. The relevant legislation experience of "new French criminal code," "American model penal code" and Macao of China special criminal law has been introduced which has varying degrees of great significance to the construction of unit crime qualification penalty in China.The fourth part, the situation and inadequate of unit crime qualification penalty in China. Firstly, in terms of unit crime qualification penalty is still blank only fine penalty in our country. Secondly, discussing the drawbacks of a single criminal fine and the problem and inadequate with the missing of unit crime qualification penalty from incompatible; unscientific; the intensity is small; poor effect; perishable, which proved the inevitability and urgency of the construction unit crime qualification penalty.The fifth part, construction of unit crime qualification penalty. First, demonstrated the necessity of setting the unit crime qualification penalty. Secondly, described the basic idea of the qualification penalty. Finally, setting it from a legal status, legislative model, the type of qualifications punishment, the scope and usage.The thesis describes how to add the units qualifications crime punishment system, its lack of harm and its importance of presence. Discussing the conception and value of unit crime qualification penalty based on the overseas experience in legislation.