Research On The Concept Of Corporation Crime

Reflecting the core characters of subject, concept is the basis for gaining related knowledge. To be more specific, the correct concept of corporation crime is the prerequisite for concerning research, which means only after constructing the same concept can we make valid dialogue. Since there is no concrete stipulation in the present criminal law, we can find varied argument about it. To a large extent, the legal practice has no unified course to take. The precise understanding of corporation crime is the prelude for legislation, which is be the focus of the theoretical arguments. To what extent the concept is precise reflects the rationality of the legal theories. Judging from above, this dissertation make the concept of corporation crime be the researching object. By doing this, the author conducts comprehensive research on the corporation crime through the viewpoint of the study on the concept of corporation crime.Firstly, at the beginning, the author explores the concerning concepts both from domestic and foreign study. Owing to the various history tradition and culture background, there are certainly different expressions about the idea of corporation crime. As far as the author concern, so called corporation crime is fit in our social circumstance. From this perspective, the author interprets the meaning of corporation crime in criminal law. The author holds that the concept of corporation crime is the manifestation of the nature of related crime, which also is the summarization of its inner construction. There is some subtle but important difference between the concept of corporation crime and the construction of corporation crime, which should not be mixed. The author agues that since only the corporation qualifies the subject of corporation crime, so the individuals who works for the corporation can not have the qualification to be the subject of the crime. To this extent, we have no reason to use the term such as the manager or the employee who hold responsible to construct the concept of corporation crime. There is some substantial difference between the common crimes committed by nature person and those corporation crimes.The relationship between the concept of corporation crime and the idealized concept is the question we must answer before the succeeding research. We should admit that the corporation crime is the special form of crimes. Judging from the logical sense, the former belongs to the subclass of the latter. So the first step we must take is to discern the concept of corporation crime is to construct the concept of crime correctly. The author takes the mixed standard, because he thinks that there is no nature contradiction between the social harm and the principle of legislation. The mixed standard reflects the principle of legally prescribed punishment for a specified crime, which united the substantial and formal rationality. Only by taking such standard can we maximize the justice in the individual cases. Except the preceding arguments, the author discusses the meaning of the deserving of punishment in this part, which can not be the inner character of corporation crime.The understanding of the subject of corporation crime is the essential part of understanding the concept of corporation crime. And the number of the subjects has always be the focus of academic discussion. The author holds that the subject of corporation crime is a system, which is beyond the individuals who consists the corporation. The author admits that the will of the corporation is coming into shape via the decisions of those individuals. But on the other hand, those will which marked by the corporation is not of individual anymore. The action directed by the corporation will is the element of the corporation and the corporation should take responsibility for it. In this dissertation, the author holds that there are several levels upon which we can make certain the qualification of the subject. Firstly, we can judge it from the organization, the legalization, the independence and the economic ability. When the first standard is met, the author puts forwards that we should explore whether the corporation has the ability to undertake the punishment. Besides, the author takes the negation of the personality into consideration. It has been long time that there is not comprehensive study on this area. From this perspective, the author borrows some valuable lessons from the civil law discipline. In this part, the author argues that both legal status of so call one person corporation. In the author's viewpoint, both the formal and the substantial one person corporation should have the qualification of subject in criminal law. At the same time, in order to help the development of the non-government owned economy; the author argues that we should regard the private owned corporation as the subject in the criminal law.The author puts forwards that the will of corporation is the substantial standard by which can we judge the existence of the corporation crime, which can help us to differentiate the crime committed by the cooperation and the crime committed by the individuals. In this part, the author tries hard to reconstruct the concept o the will of corporation, which can be understood as the will formed under the procedure, reflected the aim of the corporation. The integrated will of corporation belongs to the subjective part of crime, which includes the intention and negligence. The author holds that the subjective part of crime consists of direct and indirect intention, and the negligence includes recklessness negligence and over confidence negligence. In the author's knowledge, the connived and permissive integrated will can be hold as the valid form of corporation crime.As to the question of to what extent can exist the corporation crime, the author agues that it should satisfy the requirement of social harm the principle of criminal law. Judging from this, we can build some relationship between the extent of corporation crime and the concept of corporation crime. As far as the author concern, the basic principle for deserving punishment and the principle of criminal illegality are decisive in this question.Also in this dissertation, the author analyses the meaning of'in the name of the corporation','for the benefit of the corporation'and'related to the business of the corporation', by doing so, the author thinks that those actions are not common for all the corporations, but only special for some of them.By conducting the preceding discussion, the author holds that the subject of the corporation can only be the corporation itself, rather than the individual who works for the corporation. On the other hand, the integrated will is the core standard for our judgment to differentiate the crimes committed by the corporation and the crimes committed by the individuals. Generally speaking, so called corporation crimes are those actions committed under the integrated will of the corporation and deserving punishment.