论单位累犯的成立条件

On Establishment Conditions of Unit Recidivist

单位累犯问题是近年来理论探讨的热点与难点,我国刑法并未设置单位累犯制度,国内学者多认为应在我国刑法中建构单位累犯制度,但在单位累犯的架构上理论研究仍过于浅陋。借鉴我国刑法中有关自然累犯的设置条件,单位累犯的成立条件应当包含罪过条件、刑罚条件及时距条件。

The problem of unit recidivist that in recent years theory to explore hot spot with the difficulties in the Republic of the existing criminal law is not set up unit recidivist system, the mainland scholars think we should in our criminal law in the construction of fiats recidivist committed system, but in the unit recidivist committed schema theoretical study is still too own uneducated feelings.2001.2 our criminal law relating to natural recidivist committed set criteria, in recidivist of an offence under the establishment of conditions should contain bearing in mind that conditions, penalty conditions in a timely manner from the conditions. Among them, bearing in mind that condition contains willfully with fault, penalty conditions require units committed before and after the offence of at least crimes unit itself is sentenced to 10 million above penalty units or direct responsibility officers sentenced to prison, and the time gap between the condition is before the offence of penalty execution completed or pardon after five years.