目前关于单位犯罪诉讼程序的法律规定比较粗疏,直接影响对单位犯罪的处理;设立单位犯罪诉讼程序,应根据单位犯罪的特点,坚持三个原则;单位犯罪诉讼程序中,无论双罚制还是单罚制,都存在单位被告和个人被告两个主体;诉讼代表人的地位介于诉讼代理人与当事人之间,建议将其列为诉讼参与人的一种,不宜对其适用强制措施;诉讼代表人应当由最能代表和维护被告单位权益、未参与单位犯罪和一般熟悉单位经营管理活动的人担任,建议增设“诉讼代表人陈述”证据种类。 At present, the legal provisions on the procedure of unit crime are relatively loose, which have a direct impact on the handling of unit crime. The establishment of unit crime proceedings should be based on the characteristics of unit crime, adhere to the three principles; unit crime proceedings, regardless of the double penalty or single There are two main bodies of defendant and individual defendant. The status of litigation representative is between litigation agent and litigant, and it is suggested to list it as one kind of litigant. It is not appropriate to apply coercive measures to litigation representative. Litigation representative A person shall be represented by the person who can best represent and defend the rights and interests of the defendant, who is not involved in the crime of the unit, and who is generally familiar with the business operation and management activities of the unit. It is proposed to create a “statement of the lawsuit representative” and the type of evidence.