Determining On Corporation Crimes

The model of corporation crime located as independent unit with the independent personality. So analyzing the location of corporation crime , corporation intention, penalizing corporation crime due to corporation independent personality is the basic method. First, study the legal characteristics of corporation crime and the model of for-profit corporation crime, such as 'using the name of the corporation', 'obtaining the profit of corporation', 'corporation intention' and then analyze the reasons why not these legal characteristics cannot account for all kinds of non-profit corporation crime. Second, the scope of corporation crime determined by the corporation's independent personality system and its legal order. So that the person's behavior based on biological property, the behavior when corporation's self discipline mechanism is totally absent and the collective behavior that the person aimed at harming corporation existence are all not agree with the aim of the corporation independent personality system and all are cannot include hi corporation's behavior. Third, corporation intention is consist of tow segments. One of it is the inherent corporation intention, other is the intention which depends on person of corporation. These two segments of corporation intendment are essential of corporation crime. Forth, there are differences in the corporation intention and the corporation benefit' connotation due to the different establishing objects separately for for-profit corporation and non-profit corporation including government agency. So in principal, the for-profit corporation and the person are a criminal entirety. The status of the non-profit corporation varies with the corporation's situation. For government agency conditions each other, its behavior and intention are limited. Due to the government agency's benefit and intrinsic duty, the government agencys' intention is hard to collude with the criminal persons', and the government agency crimes are all belong to supervisory negligence.