The Denial Of Corporate Crime

As a special kind of crime, corporate crime has gained the recognition in the legislation in many countries, and it has been provided for both in the General Provisions and the Specific Provisions of the Criminal Law in China, but there is still a bitter controversy about some basic theories concerning it, such as the corporate will, the single punishment system and the bipartite punishment system in the criminal law circle both at home and abroad. By commenting and analyzing the different ways of dealing with a typical case, the author demonstrates respectively the irreasonability of the establishment of corporate crime in the following aspects: the corporate will, the nature of a corporate (or: artificial person), the punishment for the crime, the application of the disregard of corporate personality system in corporate crime and the special stipulations of some judicial interpretations concerned, and finally draws a conclusion: the so-called corporate crime is, actually the natural persons' crime with a form of corporate crime and it should be removed from the Criminal Law. All the crimes concerned should be dealt with as the natural persons' crime.The thesis is composed of four parts and in which the author discussed some questions on the corporate crime existing in both legal theories and judicial practices. In part one: The author compares the unit crime and corporate crime, with a conclusion: they have the same implication. In part two: A typical law case and three different ideas about it are presented and by analyzing the nature of a corporate (or: artificial person) and the source of the corporate will, the author concludes: the so-called corporate will is actually the persons' will. In part three: a discussion is given on whether the corporate crime is reasonable through the punishment to corporate crime and the conclusion is that the punishment to natural person has no theoretic basis while the criminal fine to the corporate leads to the failure to achieve the preventive goal of penalty. The application of the disregard of the corporate personality in the corporate crime denies the corporate crime thoroughly. In part four: the author comments on the other ideas about the case and tries to probes the possibility of the corporate crime from a new angle. He concludes that the corporate crime has no theoretical basis and practical significance as well, whether from the angle of the theory of crime constitution, the purpose of the criminal punishment, or the criminal policy.