Deciding The Subject Of Our Corporative Criminality

The corporative criminality stipulated in the criminal law in our country is also called criminal of juridical person on criminal theory ,the most obvious difference between an individual criminality and a corporative criminality is who will be the subject criminal. Although it is ordained in the criminal law that companies, enterprises, offices and organizations can be sentenced to subject criminals, yet not a restriction has been given, which caused arguments in the criminal law theories world and difficulties in judging, since our country is in a special period of market economics, their organizational forms and internal constructions are variegated. Now according to individual criminality theories and corporative criminality theories, by comparing, the author have done some deep research into the definition of subject criminal and the conditions to be a corporative criminal, especially into its extent and structure. Basing on this, the author have made a discussion on several typical cases of deciding the corporative criminal combining with his judging practice. He even has given some ideas and suggestions on perfecting the law ,since there are certain drawbacks in the criminal law, so that people can solve some of the problems when deciding the subject of the corporative criminality.