A Research On Integrality Of Organization Crime

Society organization has played an important role in areas of economy, politics and culture in modern society. The integrality of organization makes it integrates various factors such as manpower and materials an organization and forms integrality subjective intentions. It also governs its members' all kinds of actions to compose an integral behavior. Organization crime is that such organization as corporate, enterprise, government department and fellowship through its directors and governors or other members who take direct charge for it commits a crime bases on its own intention or offends the law in its operations and cause casualty because its integral neglect or levity.Organization crime in today's society becomes a serious social problem. The harms of organization crime are deteriorating. In our criminal law, organization crime is similar in some degree with western countries' corporate crime, but has its essential characters. The qualification of corporation is not the indispensable condition to commit organization crime. In theory, this issue results in positive and negative controversies about legislation and judicial interpretation of organization crime. Moreover, many other practical problems are filled with controversies. The essential character of organization crime is its integrality. These can be found on (1) organization structure and configuration. Organization is composed of manpower and material factors and it has structure configuration, organization system and regulations. The integrality of organization makes it possible to integrate the members' intention and actions its own intention and organization behavior. (2) On organization intention, it shows that integral intention formed by members' individual intention through system and process. Controlled by this intention, members conduct the organization operations and actions. (3) On the behavior of organization, because an organization is impossible to operate like a man, organization behavior must be composed of individual's actions and behaviors. Organization behaviors are also integral because this kind of constitution. And the last, (4) the organization criminalliability also embodies its integrality. To punish both the organization and its directors and governors and other members who take direct charge for it or only punish these members is just a choice of execution of punishment.Legislation of organization crime has achieved advancement. However, we also find a lot of deficiency. From the viewpoint of specifying the integrality of organization crime, we think that the conception of organization crime, organization collusive crime, penal system of organization crime etc. must be legislated. Furthermore, the theory of integrality of organization crime also provides a new view angle for research on legal problems of organization crime, In course of the modernization of criminal law, the constitution of rational theory system of organization crime and the choice of idea on how to fight and prevent organization crime will be the very crucial tasks.According to the above-mentioned problems, the paper regards integrality of organization crime as breakthrough point and basic point in research. Centering on the basic point, we try to make a systematic and consecutive discussion on organization crime. The dissertation is composed of 3 major parts altogether: preface, text and epilogue. The preface has briefly stated the evolution of theoretical research on organization crime and current situation of crimes committed by organizations. It holds that at present the theories of organization crime lack the research on the integrality of organization crime, the essential characteristic and the breakthrough point and basic point, which makes it difficult to form a systematic theory. It also proposes that we upgrade criminal law idea in our research. The text is divided into three chapters altogether: Chapter one shows the current situation of organization crime and theory summary, it also introduces the abroad legal system of corporation cri...