1997年《刑法》将单位犯罪写入刑法,为单位犯罪的惩处确立了法律依据,但并没有规定单位累犯相关问题,成为单位犯罪中一大瑕疵。近年来,赞成单位累犯的学者相继发表了自己的见解,呼吁单位累犯立法化。本文拟从刑法机能的角度对单位累犯之正当性提出相关见解。 In 1997, the Criminal Law incorporated the unit crime into the criminal law, which established the legal basis for the punishment of the unit crime. However, it did not stipulate that the unit bears the recidivist offenses and became a major flaw in the unit crime. In recent years, scholars who favor recidivism have published their own opinions in succession, calling for the unit to commit the offense of recidivism. This article intends to put forward relevant opinions on the legitimacy of the unit recidivism from the angle of criminal law function.