Corporate Crime Various Question Reconsideration

Corporate crime in our country's criminal law theory, or a completely new proposition, because the legislation lags behind and is subject to various theories of the foreign influence in the country's legal theory sector, around the issue of corporate crime has been Jusong divided, conflicting. Although China has successively promulgated by the criminal supplementary legislation has basically affirmed the corporate crime, but the recognition of corporate crime and corporate crime that did not stop the controversy, and even become worse. It is undeniable that, whether it is recognized that corporate crime or corporate crime, have a strong theoretical foundation for its not only the case, legal theory circles over the issue of corporate criminal thinking, has been and still are very strong impact on the legislative and judicial activities.This paper through the four parts of the theory of corporate crime related issues, from the angle of reflection re-examine, food for thought on the concept of corporate crime, a feature of limits and their punishment and other issues, pointed out that the current corporate crime theory in a number of shortcomings and Defects, with a view to the theory of corporate crime be beneficial to the development of China's corporate crime related to the legislative and judicial activities inspired.Part one, the concept of corporate crime problem. Through the foreign criminal law theory of corporate statements and the concept of crime in domestic criminal law theory for the controversy over the concept of corporate crime, corporate crime that China's concept of the inherent weaknesses, the criminal law theorists understanding of the concept of corporate crime is not unified, related to the concept of failure to reveal Its essential attribute, and try to give a new concept of corporate crime.Part two, corporate crime characteristics of the problem. Through the four corporate crime in the elements constitute the main body of subjective and objective aspects of criticism or even deny that the theory of China's corporate crime that the core content of many self-contradictory, and can not justify the shortcomings, to obtain legal persons can not Crime conclusions. Part three, the limits of corporate crime problem. Through the corporate crime and natural crime, common crime and general crime limits of the Analysis Group, concluded -China's criminal law theory of corporate crime, the fact is that some seemingly natural crime and a special collection of common crime.Part four, corporate criminal punishment. China's corporate crime by the standards convicted and punished, the criminal responsibility of the ways of reflection, to come to the conclusion: corporate crime convicted and punished, contrary to the basic responsibility for the crime own principles of criminal law, the result can only be implicate innocent people, thus Suited to the crime and further violation of the basic principles of criminal law.