One-person Company Bribery Crime Research

Along with the development of the social and economic life,encourage the growth vigor of one-man company,but bribery is also more and more in the field of one person company bribery case,due to the natural unit of bribery and bribery case standard gap is bigger,and 2016 judicial interpretation does not adjust unit bribery case standards,this leads to a growing number of criminals by varying the crime main body status,in the realization of the aim of the bribery crime at the same time,reduce or escape the legal sanctions.In bribery crime in the judicial practice at the same time,to distinguish the unit bribery or natural persons of bribery is itself exists,higher requirements for evidence,the applicable law is difficult,the problem of high litigation risk.A large number of cases have been identified as a unit crime due to the failure of the evidence to support the separation of the benefits of bribery.One-man company because of its particularity,interest belong to the difficulty of the problem determination is much higher than normal unit bribery crime,this leads to the relevant judicial interpretations,the profit attributable to someone to the negative thinking of unit crime and the specific applicable law to solve the problem of bribery of one-man company require,at the same time as the conditions of registered company gradually open,can see one person company will a lot of involvement in social economic life,low barriers to entry and the difficulty of judicial cognizance is bound to increase the probability of one person company crime,especially some corruption in high-risk areas.Therefore,it is very important to carry out a substantive review on the qualification of the criminal subject of a company in the current context.Unit property of one-man company in the field of different crime there is substantial examination questions,in terms of one person company itself when it has established legal nor illegal activities during the existence and situation,its actually have as the main body of the criminal law on the crime form elements,but this is not enough to will this kind of circumstance crime as the unit of shareholders behavior,also need to unit is independent of the shareholders of a substantive review.This case is longteng company in criminal law on the unit form elements and not meet the requirements of real situations,the author on the basis of the case,from one-man company compared to general co.,LTD.Of the criminal law,criminal law to one company on unit subject qualification of substantive examination question has carried on the detailed in this paper.