单位犯罪的范围探析

承认法人犯罪已经成为一种世界性的趋势 ,但是各国关于法人犯罪范围的规定并不一致。我国刑法明确规定了单位犯罪的范围 ,然而由于单位犯罪的立法过度超前于理论的发展 ,致使确定的单位犯罪的范围缺乏相应的理论依据 ,在司法实践中其不合理性也日益突出。单位犯罪的范围应当符合单位的性质并且应为“习惯”或社会一般人的通常观念所认可

Analysis On The Range Of Crime Committed By A Unit

Accepted the crime of legal person have became a trend in the world,but there are some differents in the criminal law of every country on the range of the crime of legal person.There is a specific range of crime committed by a unit in our criminal law,however,legislation of crime committed by a unit exceeded the development of theoretics,as a result,the range of crime committed by a unit in the criminal law is devoid of theoretical thereunder,moreover ,the limitation of it has became obvious in the legal practice.The range of crime committed by a unit should according to the essence of unit and should be accepted by the public.