Researching On Corporate Recidivism

Corporation can be defined as subject of crime. But there are no rules concerning about corporate recidivism in The Criminal Law. This paper introduces and comments on different opinions about the existence of corporate recidivism and proposes that corporation can be regarded as subject of crime. In addition, there are no clear-stated rules for corporate recidivism presently. The article 65 in the current criminal law defining the recidivism rules is not suitable for corporate recidivism. The specific provision No.356 of severe punishment on drug-related crimes fails to prescribe how to punish corporate drug-related crime either.In practice, the establishment of corporate recidivism will further improve the relative rules in the criminal law and effectively crack down on corporate crime. The corporation crime theory offers the legal evidence for the establishment of corporate recidivism and the reality of corporation crime offers the factual basis. Some countries have already established the rules for corporate recidivism. We can learn from their models and establish the rules for corporate recidivism based on our own situation.We should distinguish the corporation recidivism from the natural person recidivism in our corporate recidivism system. The subject of corporate recidivism should be the corporation that actually committed the crime; the punishment for corporate recidivism can be either the fine payment of the corporate or the responsible personnel in the corporation being sentenced to fixed terms of imprisonment due to the crime. Subjectively, in order to suppress the corporation crime, we can also consider unintentional crime as one part of corporate recidivism. Besides, we have to set time limits for recidivism. The interval between two crimes should be no more than ten years.Corporate recidivism should be severely punished due to the fact that it is more threatening and dangerous than the first-committed crime and should be condemned. But this principle should not include the punishment of the directly responsible personnel.