试论将机关法人列为单位犯罪主体的立法缺陷

我国的刑事立法将单位犯罪规定为一种特殊的犯罪形态.作为单位犯罪的主体,我国刑法学界一直存在争论.随着社会的发展,单位犯罪案件的增多,关于单位犯罪主体的立法缺陷也进一步显现出来.因此,有必要从单位的构成入手,对将机关法人作为犯罪主体在立法上的矛盾与不足,产生的原因以及建议进行理性探讨.

The Legislative Defect of Taking Official Organ as Legal Person as Subject of Unit Crime

In our country, the unit crime is considered as a special kind of crime. As to its subject, there exist some disputes in our criminal circle. With the society developing, the case increasing, its legislative defect gradually comes up. The article, from the organization of the unit, takes a probe into its legislative conflicts, shortage and the cause of formation, and brings out some conceptual proposals.