单位累犯成立要件构建

On Construction of Essential Establishment Conditions of Unit Recidivism

目前立法者对于单位累犯现象的关注总体上显得不足,且我国立法中尚无明确单位累犯制度及规定。通过对单位累犯成立要件进行详细构建,成立要件主要包括主体要件、罪质要件、刑度要件、时间要件四个方面,笔者对这四个方面进行系统构建,以期能为单位累犯的立法提供一定的参考。

Currently, legislators seem to not give insufficient attention to the phenomena of unit recidivism on the whole, and there are still no clear systems and rules about unit recidivism in the legislation of our country. This paper intends to construct in great detail the essential establishment conditions of unit recidivist which includes the following four aspects： main body, quality of the crime, range of punishment as well as time factors. The author makes systemic construction about the four aspects with the purpose of providing certain references for the legislation of unit recidivism.