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Basic Analyzing Of Corporate Crime

Posted on:2008-12-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y H DingFull Text:PDF
GTID:1116360218461309Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As one category of criminal conduct in modern society, Corporate Crime has its own regulars and characteristic. Deepen exploring the recognition of the phenomenon regularities, exactly comprehend the causation of criminal conduct, is practical and theoretical essential in establish the prevention mechanism in accordance. This article analyzed several issues in Corporate Crime based on the criminology, and also combining the theory of criminal, economics, sociology etc. in the analyzing process.In the definition of Corporate Crime, this article based on the instruction of materialism, form the respect of class crime in criminology, circumscribed the unification and relativity of subjective and objectivity of the definition of Corporate Crime, elementary analyzed the connotation and extension of the definition, found out the primary conclusion of the essence of Corporate Crime and basic principle of Corporate Crime circle. Based on the conclusion, analyzed several category of Corporate Crime in legislation practical respect, and differentiated and analyzed related definitions. In the respect of characteristic of crime, this article clarified Corporate Crime have characteristic as legal, interest chasing, integration, exclusive of the subject beside the basic characteristics of normal crime, the categories of Corporate Crime are different to normal crime too.In the respect of Corporate Crime phenomena, Corporate Crime showed distinctive correlative in accompany with the process of our country's reformation and opening, it can be divided into three stage as starting stage, flourish stage, and deepen stage. Criminal Dark Figures is more outstanding in the Corporate Crime phenomena measuring. Set up an improve and perfect Corporate Crime phenomena measuring system and promote primary Corporate Crime case self investigation and investigation of the victim is of capital importance. Corporate Crime has the regularities of corporate class crime phenomenon regular, Corporate Crime and corporate governance game theory regular, and Corporate Crime quality-quantity conversion regular etc.In the respect of Corporate Criminal reasons, this article establishes a initial analytical system of systematic structure reasons of Corporate Crime by carrying out multiaspect argumentations covering the content, structure, key elements as well as subjective and objective relations of the theory of corporate crime systematic structure reasons. Based on Marxism philosophy, this system introduces systematic research methods and expounds the structural and systematic characteristics of Corporate Criminal reasons from group and individual angles. Based on this system, this article makes analysis directed against the factors affect Corporate Crime.In the area of the Corporate Crime Countermeasures, this article discusses the common practice and understanding of criminal policies of Chinese criminal law jurisprudents. It is pointed out in this article that the Corporate Crime Countermeasures should not be limited to technical criminal law policies, but rather be a comprehensive and integrated system of internal and external policies, including both corporate governance policies such as corporate structure and institution design, balance of forces, and external various policies such as legal measures, marketing methods and ethics ways. Only different kind of corporate crime Countermeasures form joint forces by bringing into effect in different angles and conduct synthetical governance towards Corporate Crime, could the goal of restraining corporate crime be achieved.
Keywords/Search Tags:Corporate Crime, Criminal Phenomenon, Criminal Incentive, Criminal Prevention Mechanism
PDF Full Text Request
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