Problems Of Criminal Subject Of One-Person Company

The research of One-Person Company has been relatively full in the civil and commercial field; however, there are almost no systematic explorations into the problems of criminal subject of One-Person Company in the criminal theoretical circle because of the lag and the Modesty of Criminal Code itself. Therefore, after the enactment of the new"Company Law", the establishment of One-Person Company system urgently requires response to the criminal problems of such subject in the field of criminal justice.Therefore, the author choose the angle of whether One-Person Company can become the subject of unit crime as the break-through point, hoping that it is useful to the judicial practice. Based on the study of characteristics of One-Person Company, the author select"distinct personality"theory as the main line and the theoretical basis in the full text and thus raise my views on problems of criminal subject of One-Person Company.The introduction of this paper introduces the ideas and the purpose of writing, and the following text is divided into four parts: The first part gives an overview of One-Person Company, and then demonstrates the essence of"distinct personality", at last, analyses the necessities needed to be concerned by criminal law.The second part demonstrates that One-Person Company should belong to the subject of unit crime. First, the author analyzes the main elements and the standards of subject of unit crime. Then discuss different academic arguments about the subject of unit crime. At last, the author put forward his own viewpoints on and reasons for it through analysis and comparison, believing that One-Person Company should belong to the subject of unit crime.The third part discusses the special circumstances in which One-Person Company cannot become the subject of unit crime and the corresponding disposal of Criminal Law. First of all, demonstrate several characteristics of One-Person Company, and then put forward some disposal measures taken in the civil and criminal fields. Subsequently expound the regulatory function of"disregard of corporate personality"in the field of civil and commercial law and of"disregard of subject of unit crime"in the field of criminal law. Finally ,demonstrate the mutual influences of the two different"disregard"systems on legal status of One-Person Company.The fourth part discusses the assumption of criminal responsibility of One-Person Company. Firstly, demonstrate the foundation of criminal responsibility committed by different subjects in unit crime. Subsequently, discuss the specific responsibility commitment of different subjects in crime committed by a unit.Finally is the conclusion.