单位累犯制度构建新论——基于单位累犯单主体理论的反思

建立单位累犯制度,不仅是打击和遏制单位重复犯罪的现实需要,也是完善现行刑法,贯彻法律面前人人平等原则、罪责刑相适应原则的需要。基于单位累犯单主体理论,将单位累犯的犯罪主体和受刑主体限定为单位,将累犯单位直接责任人员按刑法第65条论处,是构建单位累犯制度的可行路径。

My Viewpoint on Building a Unit Recidivism System: Based on Reconsideration of Single-Subject Theory of Unit Recidivism

Establishing a unit recidivism system is not only the actual requirement to combat and control repetition of offences of organizations and institutions, it is also the need to perfect the current criminal law, to carry out the principle of equality of all citizens before the law and the principle of imposing penalty proportionally to offense gravity and criminal responsibility. Based on the single - subject theory of unit recidivism, the author holds that it is workable to establish a unit recidivist system if we confine both the subject of crime and the subject of penalty to organizations or institutions and investigate and punish the individual directly involved in pursuance of Article 65 of the Penal Code.