| The corporate crime comes together with the economic development of .modernsociety. The suppression of corporate crime is receiving increased attentions worldwide and have been incorporated into the legal systems in a lot of countries. The theories for corporate criminal liability are thus getting booming and mainstreaming after the,long and difficult evolution. The current Criminal Law in China as adopted in 1997 has accepted and legitimatised the corporate crime, however it has not provided corresponding evidence to elaborate the concept and conditions for corporate crime nor has it met the practical needs for punishment and sentencing under the current framework. The paper is thus designed to serve and enrich the current theories and practices in China by making in-depth comparisons of the legislations, jurisdictions and theoretical developments for corporate criminal liability from both common law countries and civil law countries.The Introduction reviews the historic evolution of corporate, corporate crime, corporate criminal liability and provides background information for comparison, review and research that follows in the main text. It also gives a brief introduction of the research methodology applied under this paper.Chapter One reviews the global development of corporate criminal liability since 1990s. International conventions and declarations against corruption, terrorism and transnational organized crime as adopted by UN and EU and other international organizations in the last few years have all touched upon the corporate liability and legislative authorities are increasingly accepting the concept of corporate criminal liability. With the expansion of definition and scope, the codification of corporatecriminal liability is being observed and exercised in more and more counties.Chapter Two reviews and compares the characteristics of legislations and jurisdictions for corporate criminal liability and concludes that the scope of corporate criminal liability in common law countries are expanding. In USA, although the legislation has adopted parallel models of vicarious liability and doctrine of identification, in judicial practice especially in the federal court the vicarious liability model dominates.Further to that the US judicial practice has been very responsive to the latest theory and seeks to consider the internal independent mind of corporate crime and misconduct. In UK the doctrine of Identification represents the key model and the-management failure model also starts to gain its seats, showing the recent expansion of corporate liability. The Canadian and Australian models have also developed their own specific characteristic with the later rich in corporate culture. In civil law countries, the progress of related legislation and jurisdiction are relatively slow and backward as local tradition for liability only refers to natural persons. Though France and Holland have already constituted corporate crime in their penal codes, the stipulated liabilities are simple and limited. Japan has already adopted a compromised solution for double sanction between administrative and criminal laws. Nevertheless a few other countries like Germany have not yel accepted the concept of corporate crime liability.Chapter Three introduces the latest theories of corporate criminal liability. After reviewing the traditional theories of vicarious liability and doctrine of identification in common law countries, it describes and reviews in details the latest development in this field such as the aggregation doctrine model, the reactive corporate fault model, corporate mens rea doctrine model, the management failure model and the model of self-identity. For civil law countries, Japan has developed the most comprehensive theories that include double-sanction model, default presumption model and corporate entity liability model; France has used the corporate realism as its basis for corporate criminal liability while the theories of organizational entity in Germany and corporate realism in I...
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