Legal analysis
The Supreme People's Court pointed out that in practice, the distinction between corporate behavior and individual behavior can be specifically judged from the following aspects: 1, whether the company is truly and legally established. The company is an organization established in accordance with relevant laws and has the necessary conditions such as property, name, place and organization to bear legal responsibilities. If a company, enterprise or institution established for the purpose of illegal and criminal activities commits a crime, or if a company, enterprise or institution takes crime as its main activity after its establishment, it shall be treated as a natural person crime, because it does not meet the purpose of the establishment of the unit and usually has the illegal purpose of evading legal sanctions. 2. Whether it belongs to the behavior dominated by the overall will of the company. The unit crime is carried out under the control of the unit will, and the behavior of the actor is the embodiment of the unit will; And individual crime is completely controlled by his personal will, which embodies his personal will. The will of the unit is generally reflected by the decision-making body or authorized decision-makers of the unit through certain decision-making procedures. Without the collective research decision of the unit or the decision and consent of the person in charge of the unit, it is generally not recognized as the will of the unit. 3. Whether to seek benefits for the company. In intentional crimes, especially profit-making crimes, only for the benefit of the unit can it be recognized as unit behavior. If smuggling is carried out to seek illegal benefits for the unit, all the illegal gains will be owned by the unit, which is the behavior of the unit. On the contrary, even if smuggling is carried out in the name of the unit, but the illegal income is divided among the participants, the natural person should generally be considered guilty of the same crime. 4. Whether in the name of the company. Under normal circumstances, unit crimes need to be committed in the name of the unit. We should have a substantive understanding of "in the name of the unit" here. An illegal act of using the name of a unit to seek benefits for individuals instead of the unit under the banner of the unit cannot be considered as a unit crime.
legal ground
Criminal law of the people's Republic of China
Article 30 Scope of Criminal Responsibility of Units Companies, enterprises, institutions, organs and organizations shall bear criminal responsibility for acts that endanger society and are crimes committed by units according to the law.
Article 31 Principles of Punishment for Crimes Committed by Units Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.