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The Criminal Responsibility Of Legal Person And The Perfection Of It's Legislation

Posted on:2004-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:G Y ZhangFull Text:PDF
GTID:2156360122966231Subject:Law
Abstract/Summary:PDF Full Text Request
This thesis want detailed inquire into the basic theory of legal person criminal responsibility and it concrete way of punish the crime from the origin meaning of criminal responsibility. And put forward a proposal about the legislation of legal person crime in our country on the basic of analyze and use the experiences of other countries about their theory and legislation of legal person crime.This thesis is divided into four chapters. The first chapter is "corporation and corporation crime". The first section primarily define the corporation-legal person, bring up the corporation system is the result of commodity and socialization. Because corporation under the commodity economy will breach the related provision in order to pursuing itself benefits as a market subject which participate the free competition ,so the legal person can commit crime. The second section primarily introduce the define of corporation crime which bring up by Chinese and foreign scholar. I considered the independent will and action of corporation is an important content of legal person crime, then expound and prove an corporation have an independent will and action by analyze and compare the different in the will and action between legal person and nature person.The second chapter is "the criminal responsibility of corporation". The first section analyze the modern time theory about the basic of criminal responsibility ,bring up the essence of criminal responsibility is an unity of ethics and social nature. The second section primarily introduce and apprise the theory ofcriminal responsibility of Chinese and foreign scholar .The third chapter is "punishment and legislation of legal person crime". Introduce the two way to punish criminal corporation which is single punish and double punish system, And it's example. Then introduce the lawmaking of corporation in our country.The fourth chapter is "the proposal to perfect the law of corporation crime". Primarily inquire into the argument of corporation crime in our country, and bring up the perfect proposal. It include: 1 .the scope of legal person crime need to be limited, 2.the constitution of crime: (l)the subject should not include the personal individual investment enterpriser; the personal enterprise which run in partnership; the government organization,(2)there exist criminal negligence, and "take benefits for corporation" should be looked as a subject characteristic, 3.the legal person crime should be made a light punishment, 4.bring up punishment of the nature person which worked in the criminal corporation should be light than that of the pure nature person crime. 5. more penalties should be added in order to establish a special penalty system that aim at corporation crime. At the same time the range of the penal sum also should be cleared, and other system should be established to prevent the corporation avoid the penalty, final prevent the legal person commit crime.
Keywords/Search Tags:legal person crime, criminal responsibility, legislation, perfection
PDF Full Text Request
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