单位犯罪自首制度研究之一：确立单位犯罪自首制度的合理性之探讨

我国刑法典对单位犯罪适用自首制度没有作出特别规定，导致实践中不同法院、不同法官基于自身对法律的理解而对同一案件作出了不同甚至完全相反的判决，在对犯罪单位合法权益的保护上出现了差异。从刑法理论、法律制度和社会现实需要等方面进行考察，确立单位犯罪自首制度，既符合现行法律的规定和内在精神。也是现代法治社会的需求。

The Reasonableness of the System of Crime Unit Surrendered to Establish

The unit crirne had already been clearly assimilated into our country criminal law in 1997, but its content is simple, which was only involved in the general rule and the concrete part, and there is no specialty in the unit crime, which causes great dispute in the judicial practice. Different courts, different judges have different understanding, which leads to different even completely opposite decisions, as a result they create great harm to the legitimate rights and interests of the crime unit. The surrendered system of unit crime is in line with the provisions of the existing law and the inherent spirit which is the demand of the modem society for the rule of law in consideration of the theory of the criminal law, law system and the social reality needs and so on.