Corporate Personality Negation Theory Applied To Unit Crime Of One-man Company Analysis

The establishment of the unit crime in our criminal law is late,the current criminal law only made a principled regulations of unit crime,the judicial explanation did not involve the unit crime of one-person limited liability company(hereinafter referred to "one-person company").The company law in 2005 confirms the civil legal status of one-person company,the company law in 2013 has change the System of registered capital contributed to the System of registered capital subscribed.China's criminal law in civil and commercial law have made major changes to one-person company,but in this situation,there is no special rule of unit crime of one-person company,lead to a lot of differences to the judicial practice.The reason of unit can constitute a crime in criminal law,is they enjoy the body of the personality independence,so enjoy the independent of criminal responsibility.So,the main body of independent personality status is the key of unit crime cognizance.Company law of the corporate personality negation theory well solved the question of whether the company personality independent,accurate cognizance of unit crime of one-man company is very good.The negation theory of company personality applied to the unit crime of one-person company is necessary and feasibility,to avoid mistakes for double punishment,to avoid "felony light penalty" or "impunity";on a world scale,in the well-developed countries,corporate personality negation theory can also be applied to criminal field.The corporate personality negation theory and the negation of unit crime have a lot in common,the judicial explanation of unit crime to a certain extent reflects the spirit of the corporate personality negation theory.By introducing the corporate personality negation theory as well as in the United States,Britain,Germany,Japan and the recent development of major theoretical perspectives,the corporate personality negation theory comprehensively applied in one-person company,to build a one-person company standard of unit crime.Judging from form standard:whether the company is established according to law;whether has independent property;whether in the name of the unit.Judging from standard substance:whether the company is independent of the will of a natural person;whether have corporate governance structure;whether the purpose of the operation in accordance with the provisions of the articles of association.