| Institutional crime, as a result emerged from certain developing phrase of human society commodity economy, has become a serious criminal phenomena which brought great trouble to China and other counties in the world. The resist of institutional crime has also become a common problem confronted by the legislation of every country in the world. Nowadays China has executed the Socialism Market Economy System. However, under the circumstance of the market economy, institutional crime is growing up to a worse and worse stage and its damage is also becoming a tremendous matter. For avoidance of the incogitable aftermath of the institutional crime while developed out of control, it is necessary to regulate, prevent and crack down legally. Back tothe early stage of 1980s', although theorist has commenced the research of institutional crime (called as juridical person at the time) and tried their untiring efforts to approach some significant theoretical outcome, and simultaneously the relevant regulations about institutional crime in Criminal Law of 1997 has also provided a new chance for the research of institutional crime, it can still be concluded that, the theoretical debating is still in the process, many problems can not be resolved with a common understanding, there are a good many issues concerning the application of law of institutional crime existed in practical judicial operation. With the eyes on the current status in China, the author has a great concern about institutional crime. The author would like to try his pygmy effort for the consummation of the theory, legislation and justice of institutional crime by and with this dissertation, which will focus on the theory, especially the judicial practice of institutional crime.Firstly, this dissertation will discuss the definition of institutional crime on a comparative reviewing basis. Since the definition issue will be the foundation and precondition of all issues of institutional crime while researching and exploring, it shall be studied as the first crucial one. Whereasthe institutional crime has become a common phenomenon all over the world, but until now, there is no universal and specific definition of it produced by the international society. On the basis of integration of different Chinese and Foreign expression of the definition, also combined with its special character, the author will propose his personal views on the definition of institutional crime.Secondly, by reason of the great difference in respect of unique character between institutional crime and natural person crime, there is always controversy about the composition of institutional crime among those criminal jurisprudence theorists. With no intention to present a complete evaluation, the author only hopes to carry out certain kind of research for achieving a common theoretical understanding concerning some outstanding issues as: the structure and the range of the criminal subject: whether the institutional crime covers negligence fault and how to verdict the purpose of the institutional crime.At last, on account of the problems of weak legislation and divergent theory, the judicial operation of institutional crime will meet with various barriers. The author will keep the practical issues as the core part of the whole research. Base onthe current judicial status of institutional crime, and keeping to the principle that theory serves for practice and be beneficial for practical operation, the author will analyze and discuss the issues including: judicial determination of the subject, complicity, confession of the institutional crime, quantity of crime in case of one person as the legal representative of several institutions, criminal investigation in case of no relevant legislation, division and estimation of executive personnel in charge and directly responsible personnel, and, at the same time, oppugn the issue concerning the different standard of criminal amount between institutional crime and personal crime, for the purpose of providing assistance to the practical operation in institutional crime.Since there are various problems including substantial and procedural ones existed in institutional crime, the author is only able to give some comments on certain substantial problems based on limited length and personal capacity. For the deficiency and careless omissions of this dissertation, the author is also willing to receive the critic and revising opinion from all aspects. |
