Research On The Subject Of The Entity Crime

As a form of modern social organization, entities have extended their activities to almost every aspect of social lives, which has promoted our social development and progress. However, as the transformation of economic system in China, entities also committed a great number of crimes under the temptation of interests, which hampered the human beings'normal life severely. Therefore, it has been an urgent task to make criminal law concerning entity crimes as perfect as possible, to regulate entities'illegal activities as well as to look into the criminal liability of entities. The accomplishment of this task depends on the study of the subject of entity crime. For the reason that only when we make sure whether entity is able to be the subject of crime and what conditions and requirements they should accord with, can we do further research on the entity crime.This paper focuses on the study of entity, which is the subject of entity crime, and discusses the issue whether an entity is able to be an independent subject of crime firstly. Although we added the regulations in respect of entity crime in the'Criminal Law of People's Republic of China'('Criminal Law'for short)in 1997, and clearly pointed out that company, enterprise, institution, state organ and organization are able to be the subject of entity crime, these regulations had not ended the argument between people who hold that entity could become the subject of crime and people who hold that entity could not become the subject of crime. The reasons given by people who think that entity could become the subject of crime are as follows. First, it is an important principle that one should assume criminal liability for his own conduct, entity assuming criminal liability itself shows this principle perfectly. Second, entity has its own deciding organ. The decisions made by the organ can reflect the entity's intent and guide entity's activities. It is totally possible for an entity to commit a crime. Third, there is corresponding criminal liability in Criminal Law which can be applied to an entity committing a crime. Forth, if an entity violated Civil Law, Economic Law or Administrative Law, it will be punished by these laws. So if an entity violated Criminal Law, it will certainly be punished by it as a subject of crime. The reasons given by people who do not think that entity could become a subject of crime are as follows. First, a crime is a conduct dominated by human being's intent which an entity does not have, so it is impossible for an entity to have subjective viciousness. Second, acknowledging an entity can be a subject of a crime will lead innocent people in an entity who do not commit a crime to be punished. Third, the categories of criminal liabilities prescribed in Criminal Law make it impossible for an entity to be a subject of a crime. Forth, acknowledging an entity can be a subject of a crime provides opportunities for criminals in an entity to escape from punishment. The author agrees with the opinion that an entity can become a subject of a crime. Not only an entity is able to commit crimes and assumes criminal liabilities, but also this opinion has been strongly supported by Criminal Law and other relevant laws.Then, the paper discusses the scope of the subject of entity crime, namely it only includes entity or includes both entity and its employees. In the author's opinion, the subject of entity crime includes entity only. The reasons are as follows. First, it will be a joint crime between entity and its employees if the subject of entity crime includes employees, but this circumstance does not exist in actual. Second, it contradicts with prescriptions in respect of entity crime to hold that employee is the subject of entity crime. Last but not least, if we regarded employee as the subject of entity crime, maybe only employee rather than the entity is punished in practice.Then, the paper discusses the concept and characteristics of entity. Entity is a social organization which is established legally, composed of some people and property, has some organs and is able to assume certain liabilities. The characteristics of an entity are the criterion to judge whether an entity can be a subject of a crime. Only when an entity has the characteristics of legality, organization, independence, having some capitals and the ability to assume criminal liability, can it be a subject of a crime. The characteristic of legality includes two requirements, namely legal establishment and legal existence. The characteristic of organization means that an entity ought to have a number of persons and organs. The characteristic of independence requires that an entity is capable of being engaged in certain social activities independently as well as exercising rights and assuming liabilities independently. The requirement that an entity should have certain capitals is a material guarantee for an entity to be a subject of a crime. The ability to assume criminal liabilities is the capacity which an entity should have to understand and identify the nature, meaning and results of its own activities and to control these activities.According to the Criminal law, company, enterprise, institution, state organ and organization can be the subject of entity crime. However, company, enterprise, institution, state organ and organization can be divided into many categories. In actual, some of these categories can not be the subject of entity crime. This paper analyses whether proprietorship enterprise, partnership enterprise, state organs, branches and affiliated organs of entity, contractor entity, entity in the process of establishing and entity being merged or divided or dismissed or cancelled after committing a crime can be the subject of entity crime on the basis of the characteristics of entity. The conclusion is as follows. First, state organ and proprietorship enterprise can not be the subject of entity crime. Second, partnership enterprise is able to be the subject of entity crime. Third, as far as branches and affiliated organs of entity, contractor entity, entity in the process of establishing are concerned, it is impossible to consider them as the subject of entity crime or not in general. We may reach different conclusions under different circumstances. Last but not least, when an entity has been merged or divided or dismissed or cancelled after committing a crime, it is reasonable to look into the criminal liabilities of its employee who has managed the entity.