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随着我国经济活动的发展活跃,单位犯罪的问题日益引起关注。在依法指控单位被告时,检察机关依照法律解释需要承担为被告单位指定诉讼代表人的职责,而能否顺利指定取决于涉案单位是否配合等检察机关无法掌控的因素,实践中出现指定诉讼代表人流于形式、被告单位时有逃脱刑罚制裁等窘境,影响了刑法平等、罪刑法定、控辩平等原则的实现。因此,有必要扩大诉讼代表人适格人员范围,并将单位犯罪诉讼代表人制度以立法方式加以规定,以更高位阶的制度文本和更具有可操作性的条文规范来准确打击单位犯罪。
With the active development of economic activities in our country, the issue of unit crime has drawn increasing attention. When accusing an accused of a unit according to law, the procuratorial organs, in accordance with the law, need to assume the responsibility of assigning the representative of the defendant as a unit and whether the successful designation of the unit depends on the factors such as the co-operation with the prosecutorial agencies and the presence of the designated litigation representatives In the form of defendants and units to escape punishment punishments and other dilemmas, affecting the equality of criminal law, the legal punishment, the prosecution and the principle of equality. Therefore, it is necessary to expand the range of qualified personnel of litigation representatives and stipulate the system of unit crime representative by legislation, with a higher order system text and more operational rules to accurately crack down on unit crimes.