论单位犯罪立法完善中的几个问题

Several Issues about Perfecting the Legislation of Unit Crime

在目前情况下,对单位犯罪的修改应采取刑法修正案的形式集中规定。立法应明确规定单位犯罪的概念,单位犯罪的主体应排除国家机关,但不限于法人,只要单位即可;应多设立单位过失犯罪,采取严格的双罚制,增设资格刑等。

Currently, the revision of provisions about Unit Crime should be centrally formulated in the form of amendment bill. The concept of unit crime should be clearly and definitely provided in criminal law. The subject of unit crime, though not applied to agency, should not be restricted to legal entity. It is suggest that negligent unit crime be increasingly instituted, strict bipartite punishment system be taken, and more punishment against qualifications be set up.