A Criminal Dominant Position Analysis

On January 1st 2006, the newly-modified "Corporation Law of the People's Republic of China" has been promulgated and become effective. It use a section of the Law to introduce the especial rules of One-person company, determine the legal status of One-person company and proposition to the concept of One-person company. It prescribes that a natural person or one legal person could invest to instauration limited liability Corporation.Accepting the legal status of One-person Company indicates great advancement of Corporation Law in our country. But its appearance challenges the traditional Corporation Law, and also brings many new problems to. So, when One-person company commit a crime, how to ascertain its Criminal Subject status? We can not find special rules or special solution to this problem in criminal law field nowadays. There are so many differences between Natural person crimes and Unit crimes, so discussing the criminal subject status of One-person Company is necessary and important. Base on different class of One-person Company in different situation, This thesis try to discuss a series of problems about its Unit crimes competency and when we can disregard its Criminal responsibility competency.This thesis consists of six parts:The first part gives a general introduction to One-person Company, emphasizing on different classification and its particularity. Before determining the legal status of One-person Company, there have existed some different points of view about it, through expatiate these points of view, we analyze the challenges to traditional Corporation Law, and also research the penal meaning about the characteristic of One-person Company and the essential.The second part mainly describes the argument about the criminal subject status when One-person Company commits a crime. In the part, we also analyze the rules of Unit crimes in Criminal Law, emphasizing to constitute the distinction between Unit crimes and Natural person crimes. That is the inducement to analyze the criminal subject status of One-person Company.The third part mainly analyzes the condition of being the subject of unit crime. According to the classification, we analyze the criminal subject status of One-person Company. This part also answers the question of how to confirm the subject status when the intramural employees commit crime.The forth part mainly introduce the negative to criminal subject competency of One-person Company. there are two aspects: firstly, it is the rules in Criminal Law. Secondly, we can use the theory of lifting the corporation veil to disregard of corporate personality.The fifth part discusses the question that how to confirm One-person Company's criminal subject status when it commit a crime of smuggle.The last part expatiate the criminal meaning of researching the One-person Company's criminal subject status. And concretely we analyze how to influence the Crucifixion when confirming the One-person Company's criminal subject status. At last, as to the One-person Company, this part makes some suggestions to the Criminal Law. The purpose is to regulate the One-person Company more rightly.