Empirical Study On Sentencing Circumstances Of The Economic Crime By Unit

In recent years,with the increasing number of the economic crime by unit and the serious consequences of the economic order caused by it,it has become a hot spot in the judicial field.The conviction of the economic crime by unit has been clearly defined by the Criminal Law,but the sentencing is not taken seriously,especially the circumstances of sentencing based on the declaration of punishment.In order to understand the issues related to the circumstances of sentencing in the economic crime by unit,this paper is divided into six parts to study it.The first part is the introduction,which introduces the research background,research status,research methods and innovation of the unit economic crime sentencing plot.The second part is the definition of the concept of sentencing plot of the economic crime by unit.From the controversial point of view,define the concept of sentencing circumstances of unit economic crimes,classify the plot,and the scope of research is limited for later studies.The third part is the application status of sentencing circumstances of the economic crime by unit.In order to carry out empirical analysis,this paper selects 3232 unit economic crime judgments from the Chinese judgment documents as the analysis sample,and uses SPSS software to analyze the number and types of circumstances of sentencing in the judgments,as well as the correlation between circumstances of sentencing and pronounced penalty.The fourth part is the application of the sentencing circumstances of unit economic crimes.Through empirical analysis,it is found that the type of statutory circumstances of sentencing is single,the type of discretionary circumstances of sentencing is complex,the chaotic in applying the statutory circumstances of sentencing,the disparity in application of the sentencing circumstances,and the effect of sentencing deviate from circumstances the penalty of the responsible person.The fifth part is the cause of the application of the sentencing circumstances of the unit economic crime,the lack of legislation;insufficient judicial standardization and the lack of judicial experience are reasons.From the perspective of problems and causes,the sixth part is the solution to the problem of the application of the sentencing circumstances of unit economic crimes,First,perfect the legislation,clarify the legal provisions of the sentencing circumstances,and realize the legislation of the discretionary circumstances of sentencing.The second is to standardize judicial application,improve the sentencing guidance,standardize the judicial sentencing procedure,and develop potential productive forces of classic case.Third is to strengthen the judicial experience.There are more measures to solve the problems of the application of circumstances of sentencing can not only effectively accelerate the process of standardization and fairness of sentencing,but also promote the realization of penalty equilibrium of the economic crime by unit.