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法人犯罪在我国刑事立法中被称之为单位犯罪。我国1997年《新刑法典》中全面确定了惩治法人犯罪的刑罚制度,并对法人犯罪做出了相关的规定。但是究其根本,我国对于法人犯罪的刑事立法实行的是一种“严而不厉”的立法政策。较之于其他发达的法治国家的立法而言,我国的法人刑事责任体系的构造存在着很多问题。而对于这些刑事责任体系中存在的问题进行相关的理论研究,则能对我国刑事立法与司法实践中存在的问题有所裨益。
Corporate crimes in China’s criminal legislation is called a unit crime. In our country’s “New Criminal Code” in 1997, the penalty system for punishing corporate crimes has been comprehensively established, and relevant provisions have been made for corporate crimes. However, at its root, China’s criminal legislation on corporate crimes is a kind of “strict but not rigorous” legislative policy. Compared with the legislation of other developed countries under the rule of law, there are many problems in the construction of the legal person’s criminal responsibility system in our country. However, the related theoretical research on the problems existing in these criminal responsibility systems can bring some benefits to the existing problems in criminal legislation and judicial practice in our country.