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A Study On The Criminal Responsibility Of The Unit Crime

Posted on:2007-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:F XueFull Text:PDF
GTID:2166360185454048Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Corporate crime is one of the results when commodity economy and market economy of human society have developed into a certain historical stage.As a special type of crime different from natural personal crime,it has become a severe problem that modern society faces. In order to safeguard the economic and political order of society,the countries all over the world have one after another made the criminal law of punishing corporate crime. In our times,using the means of criminal law to punish corporate crime has already become a main trend of the contemporary legal system reform.In recent years,with the deepening of reform and opening—up and setting—up of the system of socialist market economy,unit crime keeps spreading, it has seriously destroyed the economic and social order of our country with sizable social harmfulness. The current Criminal Law in China as adopted in l997,has accepted and legitimatised the corporate crime,however it has not provided corresponding evidence to elaborate the concept and conditions for corporate crime nor has it met the practical needs for punishment and sentencing under the current framework。The paper is thus designed to serve and enrich the current theories and practices in China by making in-depth comparisons of the legislations,jurisdictions and theoretical developments for corporate criminal responsibility from both common law countries and civil law countries.The Introduction reviews the historical evolution of the corporate body,corporate crime,corporate criminal responsibility and provides background information for comparison,review and research that follow in the main body of the paper. It also offers a brief introduction to the research methodology applied in this paper.The first part: legal provisions and characteristics of the unit (corporate) crime of the foreign country and our country. This part analyzes the legal provisions of the common law countries( France,Germany and Japan) , civil law countries( England and the United States) and our countries to the unit(corporate)crime, sums up the...
Keywords/Search Tags:The unit crime, the criminal responsibility of the unit, the penalty system for the unit
PDF Full Text Request
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