| Abstract : In the criminal legislation of China , from scratch , it is perfect to move towards progressively in legal person's crime, have gone through the development course in decades. Acknowledge and incorporate legal person's crime into 1997 criminal law after revising systematically, can not contain the rapid ascendant trend of legal person's crime , trace it to its cause, have certain relations with the establishment of legal person's crime penalty system of China's current criminal law . The penalty system suitable for legal person's crime has enormous defects , punishment kinds of dullness , punish uneven,penalty suitable principle unify, crime and punishment person who meet phenomenon emerge in an endless stream. The main reason why this line of contradictions exist is choosing differing to legal person's crime theory while legislating. The theory of legal person's crime is very vast and numerous, the difference between various kinds of theories is very enormous too. I through incomplete investigation, is it up to more than several dozen kinds about theory , legal person of crime both at home and abroad to find, up till now , have not still formed a unified one , crime theory of legal person accepted by most scholars, this phenomenon is very rare on the theory circle of law science.I take office in the research department of the judicial authority, know by oneself the grounding in basic skills of law science theory is shallow , can't screen the vast and numerous crime theory of legal person one by one . However, I combine the experience that the administration of justice is practised, after comparing and analysing the numerous crime theories of legal person, regard substantial results of utilitarianism as the prerequisite , the angle analysed from the real example, attempt to advise legislators to choose the crime theories of some legal persons accepted by major school in conformity with crime current situation of legal person of our country, based on these theories, unify the intact suitable principle of penalty in establishment, it adjust by crime penalty system legal person and not perfect,so as to meeting the needs of attacking and preventing legal person's crime.The main view of this text is to propose setting up the intact qualification punishment system which is suitable for legal person's crime. Already there is precedent in the legislation of various countries in qualification punishment, but the systems about qualification punishment of various countries are not perfect, establishment system incompletely , qualification of punishment, and many to regard as accessary penalty to be suitable only; The research of the domestic scholar is limited to proposing increasing and setting up some qualification punishment kinds more too, have not carried on systemic research to qualification punishment . The wound of this text lies in proposing newly that it is suitable for the legal person of the crime and the qualification punishment systems of the crime direct person liable and person in charge of legal person to set up the intact one, divide qualification punishment into principal penalty and accessary penalty, in order to keep the unity of the system of penalty of our country. The main content of this system is: 1, Increase the principal penalty suitable for the legal person of the crime to set up , in order to change the situation that direct against only accessary penalty of legal person of crime at present; 2, Increase the qualification punishment suitable for the legal person of the crime and crime direct person liable and person in charge of legal person ; 3, Qualification punishment relies mainly on depriving party's right ability and capacity. This system is based on the following several theoretical foundations: 1, Confirm the legal person has personality of bearing criminal responsibility independently; 2, The legal person's criminal responsibility is the criminal responsibility of a tissue body, the subject of bearing of its responsibility should include the legal person a...
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