| With the increasing number of economic exchange activities,the proportion of crime committed by units continues to rise.There are deficiencies in the legislation of the criminal punishment system for unit crimes,such as a single type of punishment,a mismatch between severity and harmfulness,and problems such as different punishment standards,confusion in punishment patterns,and uneven punishment in judicial application,and it is difficult for the current criminal law to adapt to the development situation of unit crimes.Moreover,the continuous development of corporate compliance systems has also had an impact on China’s traditional unit crime punishment system.Therefore,on this basis,it is very necessary to study the improvement of the criminal punishment system for crimes committed by units in China.The property punishment,liberty punishment and life punishment of China’s criminal law have been applied to unit crimes,but unit crimes cannot now be sentenced to qualified sentences.Based on the legislative and judicial investigation of the unit’s criminal punishment system and the consideration of the compliance system of the enterprise involved in the case,the basic principles of separation of responsibility between unit and member and leniency in corporate compliance should be adhered to,and the responsibility of the unit and member in the unit crime should be independent of each other,and the unit may separately determine the crime and be lenient according to the degree of compliance rectification.In the application of sentencing circumstances,a system of leniency for compliance after the fact and special recidivism for compliance should be added.In improving the application of fines,the principle of discretion should be based on the circumstances of the crime and the effectiveness of the compliance plan,and consideration should be given to avoiding the excessive application of unlimited fines,double fines for greedy crimes,and limited fines for non-greedy crimes.At the same time,the scope of application of the penalty of confiscation of property shall be expanded,and other property punishment options shall be provided for unit crimes.In improving the application of qualification sentences,the prohibition system from employment should be clearly applied as qualification penalties,and qualification penalties such as suspension of business for rectification,suspension of licenses,and revocation of permits should be added.In terms of the perfection of the application of liberal punishment,the free punishment of persons directly responsible for crimes committed by non-pure units should be the same as the free sentences of crimes committed by natural persons with the same crime,and the death penalty should not be applied to unit crimes. |
