刑法中被害單位界定的信賴利益邏輯

非國家工作人員受賄罪、非法經營同類營業罪等涉及民營企業內部腐敗犯罪的七個罪名，均存在被害單位範圍規定不明確的問題，因此有必要進行學理分析。被害單位的界定關乎國家平等保護民營企業政策的落實。由於犯罪單位重追責，而被害單位重補償，且刑事規範未明確界定單位的範圍，故刑法中被害單位的範圍無需參照犯罪單位。因犯罪單位與民事主體的三元分類不對接，且根據單位制度的功能也無法區分民事主體類型，所以刑法中被害單位的理解亦不應受民法中民事主體分類規定的制約。信賴利益是實在性的且已經為刑法所保護的法益，上述七個罪名是保護財產法益和信賴法益的複合罪名，所以這些罪名中的被害單位應理解為內部依託信賴關係運行的組織。據此，法人中無雇員的一人公司、非法人組織中無雇工的個人獨資企業因缺乏組織性，不可作為上述罪名的被害單位，而其他非法人組織和有雇工的個體工商戶、農村承包經營戶，則可以作為上述罪名的被害單位。

Among the seven offenses involving internal corruption in private enterprises—such as the crime of bribery by non-state functionaries and the crime of illegally engaging in business operations similar to those of one’s employing entity—the scope of the victimized unit is not clearly defined, and therefore requires theoretical analysis. The definition of the victimized unit is closely related to the implementation of the state policy of equal protection of private enterprises. Because criminal units emphasize the attribution of criminal liability, whereas victimized units emphasize compensation, and because criminal norms do not clearly define the scope of“unit”, the scope of victimized units in criminal law need not refer to the concept of criminal units. Since criminal units do not correspond to the tripartite classification of civil subjects, and since the function of the unit system cannot distinguish types of civil subjects, the understanding of victimized units in criminal law should not be constrained by the civil-law classification of civil subjects. Reliance interest is a substantive legal interest that has already been protected by criminal law, and the above-mentioned seven offenses are compound offenses that protect both property interests and reliance interests. Accordingly, the victimized unit in these offenses should be understood as an organization operating internally on the basis of relations of reliance. On this basis, a one-person company without employees among legal persons and a sole proprietorship without hired workers among unincorporated organizations lack organizational structure and therefore cannot be regarded as victimized units under the above offenses, whereas other unincorporated organizations, as well as self-employed businesses with employees and rural contracted business households, may be regarded as victimized units under these offenses.