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单位犯罪认定标准虚化、单位犯罪刑罚配置不均衡、量刑情节不明确……针对前述司法难题,以现行体系为基础的解释路径已经无法回应司法需求。为实现单位犯罪范围的合理性、刑罚安排以及量刑的妥当性,破除法官实践罪刑法定和罪刑相适应原则的藩篱,应当从立法层面进行重构。具体而言,针对定罪需求,应当明确单位犯罪的本质、增设单位犯罪罪名、排除国家机关犯罪主体;针对量刑需求,应当配置均衡的刑罚、增设资格刑、明确量刑标准、构建裁量制度。
The standards of unit crime are falsified, the unit of criminal punishment is not well-balanced and the circumstances of sentencing are not clear. In view of the aforesaid judicial problems, the explanation path based on the existing system can no longer meet the needs of the judiciary. In order to realize the rationality of the scope of the unit crime, the arrangement of the penalty and the validity of the measurement of sentencing, it is necessary to restructure the barriers that the judge practices in accordance with the principles of the statute of crime and the principle of coping with the crime and punishment. Specifically speaking, the demand of conviction should be clear about the nature of unit crime, increase the offense of unit crime, and exclude the criminal body of state organs. In response to the need of sentencing, a balanced penalty should be set up, a qualification penalty should be added, a standard of sentencing should be defined, and a system of discretion should be established.