论文部分内容阅读
全面改革和对外开放给社会主义事业带来了强大活力,与此同时,也出现了一些以经济利益为目的的犯罪现象,给社会主义经济建设带来程度不同的危害。这些经济犯罪有些是由个人实施的,有些则是与法人的经济活动有关系。在这种情况下,“法人是否能够成为犯罪主体”这一问题,便成了当前我国法学界争论的问题之一。在否定说(即传统的观点,法人不能成为犯罪主体)与肯定说两种观点中,笔者赞同“否定说”,主要依据如下:
The full reform and opening up have brought great vitality to the cause of socialism. At the same time, some criminal phenomena aimed at economic interests have also emerged, bringing about varying degrees of harm to the socialist economic construction. Some of these economic crimes are carried out by individuals, while others are related to the economic activities of legal persons. Under such circumstances, the issue of whether “a legal person can become a criminal subject” has become one of the issues currently debated by jurisprudence in our country. In the negative view (that is, the traditional view that legal persons can not be the subject of crime) and affirmative sayings, the author agrees with the “negative theory,” mainly on the following basis: