增设以单位犯罪为适用对象的资格刑刍议

提出了增设以单位为适用对象的资格刑,并从与单位犯罪作斗争的需要和刑罚体系科学性的要求两方面论证了必要性,从我国行政立法和执法的经验可供参考与国外关于资格刑立法可供借鉴两方面论证了可行性,同时设想设立停业整顿、限制从事业务活动、强制撤消三种资格刑。

Deliberation of Extending Qualification Penalty Applying to Unit Crime

In this article the author points out that the qualification penalty should extend to unit regarded by the law as an artificial person. Firstly, as far as inner requirements from criminal law scientific system and need of combating with unit crime are concerned, secondly, according to foreign legislation about qualification penalty and reference to administrative law as well as the experience of executing the law, the article analyzes and demonstrates its necessity and feasibility. Simultaneously, the author proposes a change in the law from three aspects to extend qualification penalty.