一人公司刑法人格之研讨

Study on Criminal Law Personality of One- Man Company

一人公司具备民法上的人格,但其是否具备刑法上的人格,在实践中存在争议。从单位犯罪理论而言,某一团体或组织是否具备刑法上的人格,取决于在刑法的视野下是否有必要突破个人责任的范围追究团体或组织的刑事责任。从刑法的视角看,一人公司不具备单位独立性的刑法人格特征;一人公司犯罪时,没有必要突破个人责任的限制追究一人公司的团体责任,仅需通过对自然人设置合理、科学的刑罚就可以实现刑罚的功能;将一人公司规定为单位犯罪的主体不利于对其他人的法益进行保护,因而没有必要赋予一人公司刑法人格。

The one-man company has personality in civil law, but there is a dispute whether it has the personality in criminal law or not. From the theory of unit crime, a group or organization has the personality in criminal law depends on whether it is necessary to break through the range of individual responsibility to pursue criminal responsibility of a group or organization in the field of criminal law. From the perspective of criminal law, one-man company does not have the characteristics of independence of the units. Therefore, when one-man company commits a crime, it is not necessary to break through the range of individual responsibility to pursue criminal responsibility of the one-man company. What we need do is to set up reasonable and scientific penalty for a natural person to realize the function of penalty. There would be not conducive to the protection of the interests of others to recognize oneman company as the subject of unit crime. Thus, there is no need to give one-man company criminal law personality.