The Theories Of Constitution Of Corporate Crime

The paper is expounded from the angle of legislation, judicature and theory of corporate crime, both in China and abroad. The dissertation is divided into 4 parts. Preface:the necessity of corporate crime study introduction: Corporate crime, the review of its legislation judicature and theory , and its conception; main theory: the constitution of corporate crime; Conclusion: the legislative perfection of corporate crime.In the part of introduction, at first, the writer reviews the corporate crime and its legislation, judicature and theory in England, America, Germany, Japan, France and China, next, analyzes their respective features from the angle of history, then, find out their general characters, pointing out the merits of legislation, judicature and theory of corporate crime in England and America, are what we can use for reference on how to deal with corporate crime in China, secondly, the author discusses the various theories at present on corporate crime in our country: the theory of unit crime, the theory of corporate crime, the theory of compromise and the of equal importance of corporate crime. Thus, the author thinks that the theory of corporate crime is the best. At last, the writer briefly comments on the controversy on home to define the conception of corporate crime. The writer deem that the scien tific expression of corporate Crime is : the corporate crime is an endanger society act, which is bound to be punished according to law by penalty, and the act is decided to be carried out by organization of a juridical person or by the person in charge in corporation, and the act is also can be caused by the slack of the organization of a juridical person or the person in charge in supervising.In the second part, based on the theory of piece of composition of crime. The writer elaborates on the subject elements of corporate crime, the subjective elements ofcorporate crime, the object elements of corporate crime and the objective elements of corporate crime. As far as the subject elements of corporation is concerned, the writer in the article reveals the connotation of subject of corporate crime, summarizes the subject features of corporate crime and para-corporate crime, define the subject's capacity for responsibility of corporate crime, according to the 30th clause of our criminal law, the author classifies the subject of corporate crime, then, sums up their characteristics. The writer also discusses the natural person and its status in corporate crime, aiming at distinguishing the crime by a natural person in the corporate crime from the general crime by a natural person. As for the subjective elements of corporate crime, based on the particular need of cases in reality, the writer studies the intent and negligence of corporate crime, when carrying out the study, the writer resorts to a new study method, which has practical value, and is undertaken to study corporate crime in Anglo-American law system, then, the writer attain two conditions: one is the intent and negligence of corporate representative and members of organization of juridical person in business, and the intent and negligence can be directly attributed to the corporation itself, the other is the delinquency in corporate supervision, that is to say, under the condition of the corporation knowing nothing about the situation, but the corporate member carries out a corporate crime which is .stipulated by land, this is called negligence of corporate crime. As far as the object elements of corporate crime is concerned, the writer generalizes it, clarifies it according to the legislative essence of our country, then, summarizes that extensiveness, seriousness, complexity, indentity and other features of object of corporate crime, the auther also expounds the direct significence of object of corporate crime to legslation, judicature and theory, On the objective elements of corporate crime, refer to the dangerous act and dangerous consequence of corporation and the time, site and method of corporate crime. The writer mainly studies the cr...