单位犯罪与自然人犯罪的界分

由于单位犯罪的复杂性,立法放弃了对单位犯罪的定义权,从而将认定单位犯罪的任务留给了理论和实务界。犯罪是行为,行为表现意志。反过来说,意志支配行为,意志具有根本的判定作用。所以,单位意志是判定单位犯罪的最终指标,所谓以单位名义、违法所得归单位所有、为了单位利益、单位的业务范围、由单位决策机关或者负责人决定,都是单位意志的外在表现形式,是判断单位意志的辅助标志和参考因素,与单位意志之间是现象与本质、局部与整体的关系。而判定单位意志的标准,在于单位成员的行为是否符合单位长期的业务政策、规定、操作习惯,或者具有为单位谋利的动机并经过单位决策机关或者负责人决定。

On Distinction of Crimes Committed by Organizations and by Natural Persons

Since the crime committed by organizations is so complex that legislators have abandoned the right to its definition,leaving it to academia and practical departments.Crimes refer to behaviors,which express intentions,that is,intentions dominate behaviors,which play a decisive role.Therefore,intentions of organizations are final factor to determine crimes committed by the organization.Accordingly,such factors as in the name the organization,illicit gains obtained by the organization,for the organization＇s purposes,within the business scope of the organization,decisions made by the person in charge or decision-making department,are all external indicators of intentions of the organization,acting as supplementary factors for reference.Comparatively speaking,the relation between such factors and intentions of the organization are phenomena to nature,partial to the whole.How to determine intentions of the organization depends on whether behaviors of the members conform to the long-term business policies,rules and operation routines,or for the business purpose of the organization and such decisions having been made by decision-making departments or persons in charge.