The Penalty System Of Unit Crime In Our Country

Unit crime is the inevitable outcome of China's social structure and social adjustment of interests,in the complicated social background,the unit crime both in quantity and in the social harmfulness is more prominent.According to the actual situation of the unit crime and punish crime,based in criminal law of China in 1997 before absorbing single legislation,the unit crime has stipulated the total score of the combination,not only in the specific provisions of the criminal law before finishing each specific for the unit crime,but also in the general provisions of the implementation unit crime principle.Although our country criminal law has been clearly defined in the unit crime,but the penalty setting is still based on the crime of natural person as the foundation,can only refer to the rules of natural person crime in penalty,which is bound to create a number of difficult and confusing the penalty for crimes committed by units.In order to know more about the unit crime,this paper puts forward some opinions about the system of the unit crime penalty in six parts.As one of the basic provisions of the general provisions of criminal law,unit crime has been paid attention to by the scholars of criminal law.According to the basis of criminal punishment on crime,criminal law theory circle countries have developed different views and theories,this paper will double substitution theory,theory is an important unit of criminal penalty theory are discussed by analyzing the advantages and disadvantages of each theory,this paper tends to double the criminal responsibility theory.The unit as a social organization structure,the establishment of its sanctions mechanism is different from the nature of the people to implement the establishment of criminal sanctions mechanism.In the application of unit crime penalty principle is introduced,this paper introduces the basic theory of three kinds of criminal punishment legislative model of criminal law theory and practice and its advantages and disadvantages,and put forward the most suitable for China's national conditions of unit crime criminal punishment is double punishment.There is only one kind of penalty in our country,which is not consistent with the crime and punishment of unit crime.In the aspect of property punishment of unit crime,the existing provisions in our country are not clear in the specific amount,and it is difficult to carry out.The general provisions of the criminal law of our country have stipulated that the recidivism,voluntary surrender,and equal punishment for the crime are all set up for the natural person.This article from the perfection of the property punishment,additional qualifications etc.to reconstruct the single configuration bits crime penalty proposal,and referring to foreign legislation and judicial practice,combined with the actual situation of our country,the construction of our unit crime penalty system.