Study On Lssues About Crimes Committed By The Legal Entity

It has been a controversial issue that whether the legal entity can be the subjectof crime both in domestic and international academic circle for a long time. It isobvious that the divergence on this issue leads to the misunderstanding and wrongenforcement on the provisions related to crimes committed by the legal entity.Combining the domestic and international theory with practice on legislation withthe comparative and analytic way, the author of this paper make a deep analysisand put forward his own opinion on some of the hot-spot issues about crimescommitted by the legal entity in China's criminal law system. This paper consists of six parts. In prologue, the author makes a briefintroduction on crimes committed by the legal entity and the current problems inlegislation on such crimes in China. He also points out the great values in theoryand practice for the deep study on crimes committed by the legal entity. The content in chapter one includes the concept and characteristics of crimescommitted by the legal entity. Historically, the establishment of the legal entitysystem is the premise for criminal legislation on crimes committed by the legalentity. Such crimes bring about serious damage to the society for the broad andcomplicated economic activities conducted by the legal entity. The author pointsthat the legal entity is different from the unit in usual sense and discusses thepreconditions for the constitution of crimes committed by the legal entity. With theexplanation on the related concepts and articles about crimes committed by thelegal entity, the author puts forward the concept of such crimes. It refers to theactivities which are discussed and decided collectively or by the person in chargeand conducted under the control of the corporate will in the interest of thecompanies, corporate and public institutions, and should be punished. In chapter two, the author discusses the constitution of crimes committed bythe legal entity, including the subject, object and the subjective intent. Heexamines whether the state organs, the private enterprises and the branch organsand departments possess the qualification of the subject of such crimes. In theauthor's view, the major difference between the crimes committed by the legalentity and that by the natural body is that the illegal activities must be discussedand decided collectively or by the person in charge. In subjective intent, crimescommitted by the legal entity should be limited in deliberate crimes. In chapter three, the author analyzes the criminal liability of crimes committedby the legal entity. Combining the provisions in the revised criminal law and thejudicial practice on crimes committed by the legal entity, the author analyzes thebugs both in the 'dual-punishment' system and in the 'mono-punishment' system.He also addresses the key points on how to certify the person directly responsiblefor the corporate and the other person in charge. In chapter four, the author makes suggestion on how to perfect the criminalliability system for crimes committed by the legal entity. In particular, the authoradvocates abolishing the mono-punishment system and adopting uniformly thedual-punishment system. Moreover, the lawmakers should supplement theprovisions for the recidivist and the voluntary surrender activity on such crimes. Inorder to perfect legislation scientifically and improve the operability of criminaljustice, it is significant to add and improve the criminal bankruptcy, criminal fine,and punishment against qualification and set up the non-criminal system of crimescommitted by legal entity. In conclusion, the author indicates the necessity for strengthening theacademic study and perfecting legislation step by step according to thedevelopment trend and the current situation of crimes committed by the legalentity.