Research On Surrender Of A Legal Entity

The Criminal Law of PRC revised in 1997 expressly stipulates that a legal entity is one of subjects of crime, and the Criminal Law gets the provisions about surrender revised accordingly. Disappointingly the Criminal Law doesn't expressly involve recognizing and punishing the surrender of a legal entity, so there are some differences about recognizing the surrender of a legal entity in the theory, accordingly this condition causes some chaos in the judicial practice.This article tries to explain some questions from theory and practice, such as be surrender or not, how to suit, how to punish. This article is divided into six parts except the introduction:Part one: Summary of the surrender of a legal entity. Summarize the theoretical dispute of the surrender of a legal entity, and put special emphasis on the basis of being the surrender of a legal entity.Part two: The concept,tenable condition and classification of the surrender of a legal entity. Firstly limit the concept of the surrender of a legal entity, and then lay special emphasis on the tenable condition of the surrender of a legal entity, and divide the surrender of a legal entity into three types.Part three: The special points in recognizing the surrender of a legal entity. Discuss the special points in recognizing the surrender of a legal entity first, and then discuss some circumstances which do not fit the surrender of a legal entity. Part four: The penalty of the surrender of a legal entity. Discuss how to punish the surrender of a legal entity from two aspects: the legal entity itself and the person who is responsible for the crime the legal entity committed.Part five: The consummation of the surrender of a legal entity. Expound the author's viewpoint from legislation and judicial interpretation two aspects.