On The Theoretical Basis Of Criminal Responsibility Of Corporate Crime

The category of Corporate Crime is different from that of Natural crime,and the concept of it was proposed in the basis of Corporate Crime abroad and combined with the situation in our country.In 1987, China's "Customs Law" for the first time recognized the dominant position of the crime unit,and it is the precedent of the Criminal Legislation of Corporate Crime.After 1997, the new Criminal Code provides Corporate Crime comprehensively.With the full recognition of legislation, the disputes on the theory of units of the qualification of criminal also temporarily died down.Therefore,Corporate Crime is the choice of value, not the traditional criminal law theory of logical deduction,the inevitable conclusion.So study the criminal responsibility of Corporate Crime and how to penalize in the position of certainty is more theoretical and practical.In judicial practice,how to deal with the collective harmful behavior of the relevant members is considerable a controversy,and the attitude of the criminal judicial interpretation is not clear.Correspondingly, there are also two different ideas about this problem in theory.This shows that the relationship between the criminal responsibility of the corporate and the criminal responsibility of the relevant members and whether units criminal liability has impact on unit members is on issue,the attitude of legislation and theory are ambiguous.Tracing the source,there have considerable differences on understanding about the theoretical basis of criminal responsibility of Corporate Crime between lawmakers and scholars.In view of this,to re-examine the theoretical basis of criminal responsibility of the relevant members of the unit crime, and rationalize the relationship between the criminal responsibility of the corporate and the criminal responsibility of the relevant members, is significant for improving the unit crime units crime legislation and the theoretical system.In this paper, I will re-examine the theoretical basis of Corporate Crime, and propose the reasonable theoretical basis of the criminal responsibility of the relevant members,and put forward reasonable explanations for many legislative and theoretical puzzles.This article from the introduction, body and conclusion of three parts, of which the body part is divided into four chapters.The introduction:First analyze how to deal with the collective harmful behaviour of the relevant members which is a big controversial issue in theory and judicial practice,and think the cause of disagreement is that there have different knowledges on the theoretical basis of Corporate Crime,and think it is considerable important to re-examine the theoretical basis of criminal responsibility of the relevant members and to rationalize the relationship between the criminal responsibility of the corporate and the criminal responsibility of the relevant members for resolving these issues.The body:The first chapter of the body starts with the comparative study of criminal responsibility of Corporate Crime,and think the special legislation determines the meaning of the theories of Corporate Crime is to explain the meaning of legislation.I will investigate the purpose and spirit of legislation of Corporate Crime by examining the legislative process.The second chapter starts with the analysis of the theory of Corporate Crime, and thinks that the existing theories fail to complete the mission of explain the current legislation rational and effective.The third chapter bases on current legislation,I will investigate the spirit of Corporate Crime,and raises that whether Corporate Crime or not,the theoretical basis of the relevant members is the individual's action.Further hold that the relevant members of the unit acts that endanger the collective crime by natural treatment is reasonable.The forth chapter applies the above findings to demonstrate the rational existence of the single system of punishment and the irrational existence of the principle of distinction of the double punishment.The conclusion:Overview the theoretical basis of criminal responsibility of the relevant members and stress that the purpose of this study is to address the crimes committed by units in the theory and practice of criminal difficulties in providing ideas.