Study Of Subject System Of Corporate Crime In Our Country

The study on the subject of corporate crime is very complicated, all the theories are quite different, in our country what is corporate crime has not formed a unified view, and there is also controversy on how to determine whether the subject of crime is a corporate crime. In the 97 penal, the provisions of the thirtieth does not give a clear concept of corporate crime, it is the fuzzy stipulation of our country’s legislation that gives a development of the theory of criminal law, which lets us realize the mixed situation of provisions on the subject of corporate crime. The present criminal code of our country stipulates five kinds of legal person crime subject:companies, enterprises, institutions, public institutions, people’s organizations. Because of the organization form and the internal structure of the legal person are many and varied, legislation does not make specific provisions on the establishing conditions of corporate crime subject, and the provisions of the scope of the subject in the five kinds of corporate crime, which is confined to the problems left over by history, cause us to have the very big trouble in the practical application aspect.. In view of this situation, the concept of unit crime and corporate crime is analyzed by the historical method in this paper, and gives a sufficient reason for the choice of the concept of legal person and the concept of unit crime; it also makes a systematic analysis on the main types of corporate crime in China, the main types of claims as well as the establishing conditions of corporate crime subject; on the basis of further discussion on the legislation of corporate crime, this paper explore the limits of the legal person’s crime and finds that there are many defects and deficiencies in time. In addition, legislative practice on the scope of legal person’s crime in the continental law system and Anglo American law system countries were investigated through the comprehension of them between Japan and France, so that we can merge the existing provisions of the main body of the legal person in our country and carry on the comparison and reference with each other. To accomplish the complex problems in the regulation of the legal person crime subject in our country, and then provide the effective theory basis and practical source. Finally, in order to improve the legal system and the actual application of the legal person in our country further, some suggestions are put forward in this paper:Adding the concept of corporate crime and subjects of corporate crime; to clearly explain the subject status in one person company, specifically to reject the qualification of the legal entity in individual proprietorship enterprises as well as the qualification of the legal entity in the partnership enterprises that depends on the circumstances; And considering the historical problems and the current situation in China, the state organs crime can be properly removed from the scope of corporate crime; finally, we can divide public institution again.