试论单位犯罪的强制措施

1 997年刑法规定了单位犯罪 ,使得单位与自然人一样成为刑法所规定的犯罪主体。单位犯罪强制措施的特点表现为适用对象的多元化 ;主要适用经济型强制措施 ;具有削弱单位的犯罪能力、防止单位继续犯罪和防止单位逃避侦查、起诉和审判等多重功能。单位犯罪强制措施的适用对象应当包括诉讼代表人。只有犯罪嫌疑单位、被告单位可能实施或者已经实施了妨碍诉讼的行为时 ,才能对其适用强制措施。

Crimes committed by Danwei is provided in the 1997 Criminal Law,Which makes Danwei subjects of crimes provided in the Criminal Law the same as natural persons. The characteristics of the compulsory measures against the crimes committed by Danwei manifest that the objects applied are pluralized, that they mainly apply to the compulsory measures of economical style, and that they possess many functions such as weakening the capacity of Danwei to commit crimes, preventing Danwei from proceeding its crimes and escaping from being investigated, prosecuted and tried. The objects that the compulsory measures against the crimes committed by Danwei include the representative of action. Only when a criminal suspect Danwei or a defendant Danwei is likely to commit or has committed hampering of litigation, compulsory measures can be applied to it.