2010•Journal of Xinyang Normal UniversityRequires access

On the Unit Voluntary Surrender

Lei Cui

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Abstract

China's current criminal law only provides natural person surrender,while the unit voluntary surrender is the legislative gap.There is a lot of confusion over judicial practice.Therefore,it is necessary to set up unit voluntary surrender in China's criminal law from a philosophical dimension.Based on the common characteristic of voluntary and honesty,the writer concludes the composition of unit voluntary surrender.According to punishment for crimes committed by units,the article interprets the principle of surrender of the punishment;and then studies judicial determination of unit voluntary surrender to facilitate operation so that we have a systematic understanding about the unit voluntary surrender.

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What this paper is about

China's current criminal law only provides natural person surrender,while the unit voluntary surrender is the legislative gap.There is a lot of confusion over judicial practice.Therefore,it is necessary to set up unit voluntary surrender in China's criminal law from a philosophical dimension.Based on the common characteristic of voluntary and honesty,the writer concludes the composition of unit voluntary surrender.According to punishment for crimes committed by units,the article interprets the principle of surrender of the punishment;and then studies judicial determination of unit voluntary surrender to facilitate operation so that we have a systematic understanding about the unit voluntary surrender.

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Available abstract

China's current criminal law only provides natural person surrender,while the unit voluntary surrender is the legislative gap.There is a lot of confusion over judicial practice.Therefore,it is necessary to set up unit voluntary surrender in China's criminal law from a philosophical dimension.Based on the common characteristic of voluntary and honesty,the writer concludes the composition of unit voluntary surrender.According to punishment for crimes committed by units,the article interprets the principle of surrender of the punishment;and then studies judicial determination of unit voluntary surrender to facilitate operation so that we have a systematic understanding about the unit voluntary surrender.

Key concepts: Surrender, Punishment (psychology), Legislature, Law, Natural person, Unit (ring theory), Criminal law, Political science

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