“机关”不宜规定为单位犯罪的主体

机关应否规定为单位犯罪的主体,在1996年修订《刑法》时即存在争论。我国1997年《刑法》第30条明文规定"机关"可以作为单位犯罪的主体,但争论并未因此而停止。通过对"机关应否规定为单位犯罪主体的争论"和"机关规定为单位犯罪主体的得失"的评析,可以看出将国家机关规定为单位犯罪的主体弊大于利,因而虽有规定,却没有执行,实际成为置而不用。据此,"机关"不宜规定为单位犯罪的主体,《刑法》第30条中的"机关"一词还是取消为好。

An "Organ" Should Not Be Deemed as a Perpetrator of an Organizational Crime

The issue whether an "organ" should be deemed as a perpetrator of an organizational crime has been argued since 1996 when the Criminal Act was revised. Article 30 of the 1997 Criminal Act expressly provides that an organ may be deemed as a perpetrator of an organizational crime, which has not, however, hushed the voice of the opponents. After observing whether an "organ" should be deemed as a perpetrator and examining the merits and demerits where an "organ" is specified as such a perpetrator, one cannot help concluding that the provision is improper, which explains why the Article 30 of the Criminal Act has not been strictly implemented. Since it is improper to treat a state organ as a perpetrator of an organizational crime, why not should the word "organ" be deleted from Article 30 of the Act?