加强刑事立法 打击以法人名义进行的犯罪活动

Reinforce the Criminal Code to Check the Crimes Committed in the Name of Legal Person

几年来,很多法人代表以法人名义进行非法经营,甚至进行犯罪活动,造成了严重的恶果。但由于缺乏惩治法人代表以法人名义进行犯罪活动的立法,法院对此类案件,往往以法人超越经营范围为由给法人以经济制裁,而不追究直接责任者的刑事责任,出现了“以罚代刑”的现象。作者认为:以法人名义进行犯罪活动,已成为新时期经济犯罪的一个新特点,实际是法人代表利用职务犯罪。因此,有必要根据新的情况完善刑事立法,以有效地打击法人代表以法人名义进行犯罪活动。

In the past few years,quite a number of representatives of Iegal persons, under the cloak of legal persons, engaged in unlawful business or even committed crimes, often leading to serious consequences. However, owing to the lack of laws stipulated specifically for meting out duepenalty on the said representatives for their said crimes, the court more often than not rules such cases as the legal persons′ transgression of the limits of lawful business range, and therefore, deals economic punishment with the legal persons involved, without directly affixing the said representatives′ crimhal responsibility. As a result, we see″economic punishment replacing criminal penalty″. The writer of this paper deems that the criminal activities committed in the name of legal persons have become one of the new features of economic crimes in the new period. The essence of the issue is that the representatives of legal persons commit crimes by abusing their authorities. Therefore,it is a must to reinforce the criminal code with a view to checking such crimes effectively.