Unit Recidivism System Research

According to the mainstream viewpoint,the design of recidivism terms in the criminal law of our country,mainly for the criminal subject of natural person and unit,generally can not be established.But the need of social reality and recidivism based on judicial practice,set up the unit recidivism system is imperative.The unit recidivism system set up,but also with the theory,practical and legal basis.At the same time,the unit recidivism relevant national legislation,but also provide certain reference for us,such as many foreign countries in the legislative model has a complete system can be used for reference,this paper lists the provisions of the relevant units of the Yugoslavia Society of "doctrine of the Federal Republic of illegal economic law" and "the French penal code".I combined with recidivism the theory of criminal law and criminal justice practice,the unit recidivism can be carried out as follows: Design in the form of subjective fault,the unit must be intentional crime.In the penalty element,should be made The fine penalty and personnel directly responsible for the unit crime units by penalty in combination,but the specific situation is slightly different.Before and after the punishment of the crime of unit crime are double punishment,the punishment of depriving freedom group integrated by personnel identified the penalty element of fine punishment and should be directly responsible for the unit unit the punishment of the crime;unit crime before and after the way is single penalty system(internal personnel directly responsible for a single penalty units),should be based on the unit directly responsible by the punishment of deprivation of liberty to identify the elements of unit crime punishment;before and after the punishment is not at the same time,the unit crime before and after as long as punishment for their the punishment system required.In the interval of time,the general unit recidivism crime before the unit from the completion of sentence or pardon(i.e.the criminal unit responsible punishment has been completely executed or pardon)for five years Within suitable;special unit recidivism should be considered before unit crime penalty execution finished or remitted(i.e.after unit crime responsibility personnel punishment has been completely executed or pardon)any time is appropriate.In legal consequences,the unit recidivist should be punished severely,shall be given a heavier punishment scope should be unit criminal penalties and units directly responsible personnel punishment heavier.Shall be given a heavier punishment should be to increase the amount of the fine penalty,expand the unit crime penalty types;from the unit recidivism in the legal effect of the unit responsible see shall allow the probation,parole,in order to make the difference in the criminal responsibility of natural recidivism.