论我国单位犯罪单罚制的弊端及完善

On the Defect and Perfection of Single Punishment against Unit Crime in China

单位犯罪是一种特殊的犯罪聚合体,其中包含了自然人和单位的双重犯罪因素。我国目前对单位犯罪的处罚采用了双罚制与单罚制并轨的模式,其中单罚制的处罚依据存在着较大争议。结合我国的立法精神和国际立法潮流,对于目前我国刑法规定实行单罚制的单位犯罪,立法可以考虑将其修改为双罚制。实行完全的双罚制处罚制度,不仅符合传统刑法理论,顺应我国刑罚目的,在现实司法层面上也能更为有效地加强单位的自律,减少单位犯罪对我国社会造成的危害。

Unit crime is a special crime polymer, which contains dual criminality factors including natural man and unit. In China, the current punishment against unit crime is conducted through the combination of single punishment and dual punishment, while the basis for single punishment is the subject to hot dispute. Considering the spirit of Chinese legislation and the international trend of legislation, we can revise single punishment, which used to be regulated against unit crimes in Chinese Criminal law, into to dual punishment through legislation. The punishment system based on dual punishment not only follows traditional theories of criminal law and realize our aims for the punishment, but also, in terms of practical judiciary, strengthens units＇ self-discipline and prevents unit crimes form doing harm to our society.