Study On The System Of Meritorious Unit

Meritorious service as a legal system in China’s legal history has a thick and heavy in colours a pen, the current criminal law of our country in 68 and 78 respectively in the provisions of the meritorious service in different stages. Although always about the value foundation of existence is utilitarian or meritorious justice debate, but the idea has ingrained meritorious service exist in people’s mind. In practice, according to the natural person crime often exists, meritorious service system has become an important factor in sentencing. The unit meritorious service as a kind of a unit crime sentencing important considerations should be the plot, is an integral part of the system unit in the crime, but in China’s current criminal law and judicial interpretation of criminal law, and there is no clear provisions of this system. According to the crime, the criminal law of our country in 68 and 78 are expressed, but will be the main crime The body is described as "criminals", but does not explicitly mention the unit. Due to the vagueness and uncertainty of the legislation, the judicial practice of the crime units in a similar situation is also keep from talking about, that is the members of the unit in accordance with the provisions of the crime of natural person, not only violated basic principles of meritorious performance system, also does not conform to the basic principle of unit crime. Therefore, this article on the unit meritorious service system "as the research subject, the existing provisions of the criminal law and the characteristics of the unit as the starting point, the unit will follow this line, application logic analysis, derivation, this unit will establish meritorious, possibility of meritorious service units, and based on the practical needs with the basic principle of criminal law, the applicable conditions of the specific analysis of the unit meritorious service and application effect of multi angle, reasonable construction unit meritorious service system.In the first part of the article, the author based on the existing units can be established whether the parties point of view of a meritorious fine comb and analyze its advantages and disadvantages, on this basis, according to Article 68 of the criminal law "criminal" explanation, demonstration of Article 68 of the criminal law did not of course will be excluded from the meritorious service unit system. And, based on the behavior characteristics and merit of the legal action units are analyzed. The establishment of unit both internal will merit, external performance can also be the implementation of the crime, discusses two aspects of internal and external behavior of this structure can meet the meritorious legal act, and show that the inner link of unit meritorious subject the basic principles of criminal law and criminal policy and confirmed. Through this layer argument, from the legal basis, policy basis and practical needs of the establishment of unit crime subject to multiple.In the second part of the article, the author analyzes the establishment conditions existing in the natural person crime, combined with the particularity of the unit crime subject, reasonable construction elements of unit meritorious performance, behavior element and time elements. In the main unit crime elements, through the analysis of the unit crime subject of single and double battle it is pointed out that the subject, the unit meritorious service for a single subject, namely units, as units of crime and crime of unit members of the unit. In the behavior of individual meritorious service elements of unit meritorious performance, by combining its own mode of operation, for example demonstrates one by one unit can be five meritorious way to set up a criminal law. At the time of elements of unit meritorious performance, the author will start time of meritorious performance questioned "to" explain the existing judicial, starting time is defined as the unit meritorious unit crime, and The demonstration unit in the criminal law during the execution of the establishment of crime possibility, and then determine the termination time of meritorious unit.In the third part of the article, the author combines the meritorious performance system "who is meritorious, who rewarded, not meritorious, not the meritorious alumni" legal attribution principle, points out the legal attribution of unit meritorious to the unit itself and the members of the unit sharing principle, to their own exclusive exception, and elucidates the lenient punishment of sharing mode.In the third fourth part of the article, the construction unit of the meritorious performance system based on better, ensure the lawful and reasonable application in the judicial practice, the author will apply a small amount of ink in the light of the existing criminal law and relevant judicial interpretations of the provisions the system of unit crime and put forward improvement suggestions to make small, supporting the unit meritorious service system to better serve the judicial practice. The four part of the paper, the formation of One is in line with the basic principle of criminal law but also meet the needs of the judicial practice of the unit meritorious service system.