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The Research of Unit Crime Punishment System

Author: GuoTao
Tutor: LiuXiangLian
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Unit crime Penalty system Probation system Unit Recidivism Units surrendered
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 112
Quote: 0
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Abstract


With the development of market economy, the the unit crime of criminal legislation has become an international trend. Our 97 years of criminal law formally unit crime provisions, but because of the theoretical study of crime and its punishment system of the unit started late, the lack of depth of the existing criminal law criminal legislation there is a certain degree of defects, resulting in judicial practice on a lot of confusion. Definition of unit crime and its punishment is based on what? The unit crime if applicable system of probation and recidivism, and how to identify crime unit surrendered? The units common criminal how to deal with? These problem moments in to haunt us 刑法理论界 and judicial practice. This paper attempts to draw on the useful practices of foreign criminal law, and made a more in-depth study of the theoretical and practical issues of our units criminal punishment system has certain reference value for future criminal legislation and judicial practice. Text in addition to the introduction and conclusion, is divided into four parts: the first part of the criminal punishment system overview. Crime through units defined scientific premise of criminal punishment system research for the unit to provide readers with a glimpse of the Legislative History of the criminal punishment system in our unit. This section also discusses in detail the criminal capacity of the unit to the unit crime punishment necessary, and then to discuss the problem of crime can be fined on the unit, clear unit crime can be fined, and stressed that national authorities do not have to be fined sex. The second part in the realization of the criminal punishment system. This section through the analysis of the facts and the legal basis for the punishment of crimes committed by units, to demonstrate the necessity and legitimacy of the punishment of crimes committed by units. And elaborate on the principle of two penalties for crimes committed by units that double punishment and single penalty system is how to configure penalty crimes unit, and the principle applies to the case of unit crime punishment. The third part, several controversial issues in the punishment of crimes committed by units. This section is the focus of the article, the author comparative criminal law scholars range of views on several controversial issues, a detailed analysis of the crimes committed by units whether the applicable probation and recidivism system, as well as how to identify crime units surrendered and proposed its own distinct The views and reasons as well as the establishment of units probation Unit Recidivism units surrendered system should have a variety of conditions. In addition to this, also focuses on how to use these units criminal punishment system, and to illustrate the differences and similarities of the unit of analysis of crime and common crime, the unit is not an offense of common crime, and thus explore jointly crime punishment. Fourth part in the improvement of the criminal punishment system. First, by analyzing the defects of our units existing criminal punishment system, especially a single fine punishment system can not achieve the purpose of punishment for crimes committed by units of the punishment and prevention, to demonstrate the reform of the criminal fine, and additional units eligible for punishment, and the third part in a few units of the necessity of the criminal punishment system. Secondly, the legislative proposals to improve the unit system of criminal penalties, such as the reform of the existing criminal fine additional restricted units operating activities, disqualified from units operating for crimes committed by units eligible for punishment.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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