Differentiation And Analysis Of The Criminal Subject Category Of One-man Company

By virtue of the advantages of responsibility separation between companyand its shareholder as well as the operating flexibility, One-man Company hasbeen widely existed for a long time. In2005, One-man Company has beenofficially recognized in the amended Corporate Law of PRC and a limited companycan be established by a single person or a single corporate ever after. However,being as a newly sprouted thing in China, One-man Company has not beenofficially recognized by Corporate Law of PRC when the Criminal Law was amendedin1997. In addition, since2005, in which the revision of Corporate Law ofPRC issued and consequently certified the legal status of One-man Company asa legal person, One-man Company has not been officially admitted by both theJudicial Interpretation and the6th,7th,8th revision of Criminal Law whichcame into effect respectively in2006,2009and2011yet.In such circumstances,how to evaluate the criminal behaviour of One-man Company and whether theOne-man Company can be considered as criminal subject or not remain as noconclusion yet. With respect of the criminal behaviour of One-man Companyconstitutes personal crime or unit crime, it is difficult to draw a conclusion,particularly in criminal judicial practice. This paper will analyse thespecific criminal behaviour of One-man Company constitute personal crime or unite crime on the pretext of evaluating it as a criminal subject, how toidentify the category of the criminal subject as well as how to regulate andimpose restrictions on the crime of a natural person One-man Company or a legalperson One-man Company respectively.This paper consists of three parts:The first part focuses on the overviewof One-man Company, including the definition of One-man Company,thesignificance of One-man Company been officially recognized by the CorporateLaw of PRC as well as the influence and challenges the reorganization broughtto criminal judicial practice of Criminal Law, further more the significanceof recognizing One-man Company as unit crime subject.Based on the analysis of the first part, the second part is mainly aboutthe differentiation and analysis of the criminal subject status of naturalperson One-man Company, namely to discriminate and analyse whether naturalperson One-man Company should be considered as natural person or legal person,and brief introduction of the subject to be punished under differentsituations.The third part is mainly about the category of legal person One-man Company.The writer distinguishes and analyzes the criminal subject status of legalperson One-man Company on the basis of its characteristics and thedetermination criteria of unit crime. The writer also identifies when the legalperson One-man Company will constitute unite crime as well as the possibilitiesof constituting joint offence.