论文部分内容阅读
我国现行刑法增设了单位犯罪的规定,与旧刑法相比是一大进步。同时,在累犯制度中规定了一般累犯和特殊累犯,并采取混合制的立法模式。但是,现行刑法却将单位排除在累犯成立的主体要件之外,这不能不说是一种缺憾。通过分析一般累犯成立的要件,笔者认为我国刑法应增设单位累犯,以便打击和预防单位再次犯罪。
The current criminal law in our country has added the provisions of unit crime, which is a big improvement compared with the old criminal law. At the same time, the recidivist system provides for regular recidivism and special recidivism, and adopts a hybrid legislative model. However, the current criminal law has excluded units from the main elements of recidivism, which can not but be regarded as a defect. By analyzing the elements of the general recidivism, I believe that the criminal law should be added unit recidivism in order to combat and prevent the unit to commit another criminal act.