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On Units Of Pure Natural Person Crime

Posted on:2012-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2216330368994513Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
For the case of purely natural person crime from a company, we can't deal with it as a company crime because there is lack of legal document in the law. However, can we accuse the manager and the supervisor of a company of their criminal responsibility, instead of purely natural personal crime? From the theoretical level, there are three different perspectives: negativism, affirmative, and eclecticism. As my opinion, the first and the last perspective are not convinced. No matter whether the company commits a crime or a natural person crime, the suspect from this company should be charged because of his criminal behavior, which is not related to punishing the company. This is also suitable for the principal of self-responsibility. The reason is that the company has no ability to conduct a crime, but it has to take the duty for the suspect. Moreover, the company gets penalty only for the sake of political strategies, which aims to decrease the harm to society. Besides, the criminal penalty and types need a lot to be improved in our country. For example, the co-penalty for a company is against the principle of the criminal law, because if the company already gets penalty, there is no reason for a personal penalty. What's more, we should learn form foreign regulations for the crime of the legal representative. For example, we should set specific system of criminal regulations, reform criminal types, add qualification crime and confiscate property, etc.
Keywords/Search Tags:company, company crime, natural person, criminal responsibility, co penalty, criminal type
PDF Full Text Request
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