The Research Of The Criminal Liability And Punishment Of Unit Crime

With the frequent occurrence of unit crime,in 1979,China formulated unit crime in the“Criminal Law”,The amendments to the new criminal law also continue to supplement and modify the unit crime.Unit crime legislation has become more and more attention,the discussion of the theory of unit crime is becoming more and more intense.The criminal responsibility of unit crime is an important part of the theory of unit crime,and it has great theoretical and practical significance to discuss it.However,at present,there are so many studies on the criminal responsibility of unit crime in our country,but there is no consistent view especially on the criminal responsibility of unit crime.How should criminal penalty should be applied to unit crime? How should penalties be applied to unit crime? It has great value to explore the criminal responsibility and penalties for unit crime.Based on the relevant theoretical data and the legislative situation,this paper attempts to analyze the unit crime system from the angle of criminal responsibility and criminal punishment,and make a few suggestions for the future legislative proposals.It is divided into the following three chapters:The first chapter is an overview of the criminal responsibility of unit crime.It will define the criminal responsibility of unit crime based on the interpretation of the concept of unit crime and criminal responsibility by analyzes the stage of the criminal responsibility of the unit crime,the confirmation stage and the realization stage of the three stages of development.Then it elaborates the criminal liability theory of foreign unit crime and the theory of criminal responsibility of unit crime in our country.Finally discuss the rationality of compound subject theory.The second is about the criminal penal system for unit crime.It analyzes the main penalties of unit crime in modern criminal law which is single penalty system and double penalty system.Double penalty system is more scientific and fair.Then,it recidivism,probation and prosecution aging system and demonstrate the necessity and possibility of them,which also put forward the specific application of these four systems.The third part improves our unit punishment system.It proposed to cancel the single penalty system,the reform of fine punishment and additional qualifications of the legislative proposals,and elaborated the reasons based on the penalty system and the penalty system of unit crime in our country.Finally,put forward that the criminal law of our country needs to balance the application of the principal punishment of the unit responsible person and perfect the penalty of the person directly responsible.