单位累犯制度若干问题研究

由于现行刑法的明确规定,单位成为和自然人并列的一类犯罪主体,这为打击实践中纷繁复杂的单位犯罪问题提供了有效的法律保障。然而,刑法在肯定单位犯罪主体地位的同时,对与之密切相关的一系列刑罚制度问题并没有做出明确的规定,单位累犯制度就是其中之一。文章旨在通过对单位累犯相关问题的探析,为完善单位犯罪刑罚制度提出拙见。

Research on Several Problems of Unit Recidivism System

Because the current criminal law clearly stipulate that units and natural person are all the criminal subjects, which provides effective legal protection for fighting against complex unit crime in practice. However, the dominant position of unit crime is confirmed in criminal law, the problems of a series of penal system which are closely related with it are not explicitly stipulated, and one of them is unit recidivism system. The author presented his humble opinion on perfecting unit criminal penal system, in order to explore related problems of unit recidivism.