The Punishment Problem Of The Corporate Crime And The Legislative Improvement In China

The traditional penalty system is based on the natural person. And the free punishment and the death penalty are the center of the traditional penalty. Facing the serious corporate crime day by day, the traditional penalty system is very pale and very weak. Studying the new penalty method and constructing the new penalty system to carry on the penalty system appears especially important. In the different country, the different person has the different view in constructing the penalty system's process to punish the corporate crime. The theory of punishing the corporate crime has not the same is bad for the corporate crime. In order to change this condition and display penalty's effect well, the author who profits from the predecessor achievement and stands on giant's shoulder unifies the special details of our country and carries on the research elaboration to the above questions.This article besides the introduction and the conclusion divides into the following six parts altogether:Part I: The punishment principle of the corporate crime in the different country. This part introduces four punishment principles of the corporate crime in history: the system of the displacing punishment, the system of the passing the burden punishment, the system of the pair of punishment, the mix system of the punishment. The author uses the various countries' law in legislation to introduce the four punishment principle on corporate crime.Part II: The discrimination of the four punishment principle on corporate crime. On the introducing to the four punishment principle on corporate crime, the author has carried on the analysis to four kinds of punishment principles in its specific time existence's merit and the flaw, and obtains finally that any theory's existence has its certain reasonable place and the limitation, and will renew the development along with the practice change or is eliminated..Part III: The punishment plants and the methods of the corporate crime in the various countries. In this part, the author introduces the punishment plants and the methods of the corporate crime in the legislation and judicial practice and in china too.Part IV: The Summary and the appraisal of the punishment plants and the methods of the corporate crime in the various countries. In this part, the author introduces the punishment plants and the methods of the corporate crime in the various countries.Part V: The present situation and the question and the countermeasure of the punishment principle on the corporate crime in China. In this part, the author introduces the present situation and the question of the punishment on the corporate crime in China. Simultaneously, the author finds the countermeasure to solution them.Part VI: The restructuring of the penalty system of the corporate crime in China. In this part, the author founds the penalty system of the system of the corporate crime in China in alone basing on the analysis of the penalty system of the corporate crime and the punishment plants and the methods of the corporate crime in different country.