Judicial Identification Of A One-person Company As A Unit Criminal Subject

COMPANY LAW OF PEOPLE'S REPIBLIC OF CHINA(revised in 2005)recognized the legal status of a one-person limited company So far,the one-person limited liability company has formally stepped onto the stage of commercial activities as a commercial entity with independent personality,which greatly stimulated the enthusiasm of commercial entities to participate in commercial activities and enhanced the activity of commercial activities.One-person limited liability company,as a special commercial entity stipulated by the company law of our country,has obvious characteristics in terms of its establishment method and internal rules of procedure.The company's will and the will of individual shareholders,and the boundary between company property and shareholder's personal property needs to have clear boundaries.Therefore,when a one-person company is involved in a criminal offence,how to determine the unit's will of the one-person company,the independent property of the unit,and the ownership of the interests obtained from the criminal act according to the constituent elements of the unit's crime is an important issue.In terms of the judicial identification of a one-person company as the subject of unit crime,the theoretical and practical research on related issues is still in the ascendant stage,and a unified theoretical point of view cannot be formed.On the one hand,it has brought great uncertainty to the criminal trial work.,Which has an adverse effect on the maintenance of the unity of criminal trials;on the other hand,for the natural person subject in unit crime,in the context of endless disputes in the theoretical and academic circles and the lack of legal or judicial interpretation provisions at the practical level,if the natural person subject is suspected of being able to in the crime of establishing a unit crime,various methods will be used to use the independent legal person status of a one-person company to reduce the penalties that should be imposed on it.This also incurs great risks for the determination of criminal responsibility and the correct sentencing.