国家机关不能成为单位犯罪的主体

我国刑法规定国家机关是单位犯罪主体之一是欠妥和不科学的:一、民众不会要求将所有机关都列为单位犯罪主体;二、将国家机关作为单位犯罪的主体是对机关职责、特征的误解;三、机关的性质决定其不会犯罪;四、机关不具备可罚性,处罚机关没有任何实际意义;五、将机关列为犯罪主体有多种弊端。应该尽快对刑法第三十条进行修订,明确单位犯罪主体不包括国家机关,并应确立国家机关不被侵犯的原则。

The State Organs Cannot Be the Subjects of Unit Crimes

It's not suitable and unscientific to stipulate state organs as one of the subjects of unit crimes in our country's criminal law.Firstly,people won't reguest all state organs be set as objects of unit crimes. Secondly,setting state organs as objects of unit crimes will result in misunderstanding of state organs' duties and characteristics.Thirdly the legitimacy of organ's will eliminate the state organs' possibility of committing crimes;Fourthly,punishing state organs does not have any practical significance;Fifohly,setting state organs as one of the crime subjects has many malpractice.Therefore,the 30th regulation of criminal law should be revised as soon as possible to make clear that state organs cannot be subjects of unit crimes and establish the principle that state organs should not be violated.