The Criminal Law Position Of The Private Enterprise--Analysis On Private Enterprise Crime In The Aspect Of The Offence Committed By Organization

With great development of the private economy, the political and economic position of the private economy has been promoted. Especially after the four revisions of the Institution of our country, the equal legal position of the private economy has been strengthened. Accordingly, the criminal law as the most important law in the legal system should endow the private economy with equal legal position. The author makes in-depth analyses of the problem and puts forward the solution scheme, and the author hopes this thesis can help the legislation and administration of law. At the same time, whether the private enterprise can be the subject of offence committed by organization is a problem argued hotly in recent years. The author chooses the aspect of offence committed by organization, analyses the problem of offence committed by private enterprise, and makes the conclusion that the private enterprise can be the subject of the offence committed by organization.There are four parts in this thesis. The first part: the analysis on the equal position of the private enterprise. In this part, first, the author defines the concept of the private enterprise. After the comparison and analysis of relative concept, the author unifies the name. Second, the author considers relative material and draws the conclusion that the political and economical position of the private enterprise is promoted. Third, the author studies the four Institution amendments, and concludes that the step of the economic system reformation, which takes the title system as the heart of the problem, is stable and rapid. The private economy plays the most important role in this reform. The Institution provides the protection of its legal position with the admission of private economy and private property. Forth, the author affirms the positive contribution of the private economy, thinks that the private economy cannot be replaced; its development can help the socialism modernization construction greatly. Fifth, the author discusses the problem that the equal position should be given to the private enterprise. Analyzing the lack of protection of the private enterprise, the author puts forward amendment suggestion, settles a legislation model. This model will help stop the crime and protect the private enterprise.Part two: discrimination on whether the private enterprise can be the subject of the offence committed by organization. Whether the private enterprise can be the subject of the offence committed by organization and bear liability is a problem that we should discuss. First the author tries to make a definition of the offence committed by organization. Criticizing and analyzing five concepts, the author concludes the concept of the offence committed by organization: it is regulated by the criminal law, company, enterprise, institution, state organ and other group, decided by the person in charge, harm the society on purpose or reluctant to perform the obligations prescribed by the law, for the interest of the organization.The author discusses the controversy of the name of the offence committed by the organization and the offence committed by legal body. And concludes that the name of offence committed by organization is more suitable for the legal practice of our country. Then the author discusses the constitutive element of the offence committed by organization. The author thinks the constitutive element of the offence committed by organization should be legal creation; owning certain amount of fund; owning name, administration structure and place; and criminal capacity. Last, the author discusses the problem of whether the private enterprise can be the subject of the offence committed by organization, and draws the conclusion that the legal body, such as limited liability company and company limited by shares, and the non-legal body, such as ventures exclusively with one's own investment, partnership enterprise both can be the subject of offence committed by organization.Part three: the deference between the offence commit...