论法人犯罪

Discussion on Corporate Crime

刑法对法人犯罪的规定前提有两个:一是现有的行政法、经济法等法律的规定不足以遏制法人的违法行为,二是对刑法遏制法人犯罪有效性的确信。法人承担刑事责任的根据是法人自身的犯罪行为,体现了社会的非难。法人中的自然人不是法人犯罪的主体,他们基于伦理上的谴责对法人犯罪承担刑事责任。

In order to adapt to the demand of social reality the corporate crime is regulated in criminal law. There are two premises for this: one is that now available provisions in administrative law and economic law are not enough to contain the corporate crime, the other is that it is firmly believed that criminal law can control it. This is the use of utilitarian theory in criminal law. The foundation of corporate criminal responsibility is the criminal behavior that is done by the corporate itself, which reflects social blame. The nature persons in the corporate are not the subject of the corporate crime and bear the criminal responsibility that is based on ethics blame.