A Study Of The Criminal Liability Borne For The Corporate Crime

The company is a corporate crime(unit) form a common criminal background of the market economy, as well as several amendments to the Criminal Code after 97 has a profound background. For a long time, China’s criminal law crime unit crime legislators about the subject in general assumption is that "unit" did not notice three decades of reform and opening up of China’s corporate system, the company has a profound morphological changes. This paper focuses on corporate crime unit in the form of criminal offense to take on this issues, covering the theory and practice of corporate crime legislation to bear responsibility for the relationship between the company and its corporate crime in crime as a main line of internal natural, through various species theory comparison and analysis, the establishment of corporate crime in bear range and manner of liable persons, affirmed the company’s criminal double punishment commitment model, advocated the establishment of internal and external dual regulatory mechanisms, in order to achieve the promotion of relevant theory and progressive legislation and improvement purposes.As a unit of the company, if the company implemented grave danger to society, according to the provisions of the Penal Code, of course, should be held criminally responsible. However, the company diversified forms, dynamic so identified, there are many difficulties in the issue of criminal responsibility in the end of which shall be borne by the company, the paper starting from the basic concept of the company to a company like state and the relationship between theory and practice of corporate law for relying on the use of the theory of crime, the nature of the crime from the characteristic angle of the penalty function, certainly companies, including objects, Inc.(the behavior of the specific implementation units) of affiliated companies as the main crime, certainly the company’s commitment to the necessity of a criminal.China’s criminal law has clear provisions for the implementation of double punishment unit crime, corporate crime at the time to pursue the criminal responsibility of the company itself together with its primary responsibility to pursue the criminal liability, if the primary responsibility for people’s behavior really make independent, of course, there is no problem, but if the executor is performed on the surface of the crime’s parent company(or its affiliates) or any other unit of instruction, so that the actual executor personally liable for the criminal law provisions as the main responsibility, not only obviously unfair, also in violation of guilt conceited principles consistent with the principle of fairness principle criminal culpability. I believe that such cases of crime within the company a natural person in the company does not have the status of an independent body, but only the elements of corporate crime.According to the general principles of corporate law, the criminal responsibility of the main company, depending on the classification of specific categories, depending on the type of governance structure of the company, respectively, for criminal liability companies and internal staff undertake exploration, a special analysis of the company’s branches and agencies, criminal one company(including state-owned companies) and between emerging conglomerate bear problems are analyzed. How to determine the criminal responsibility of the company’s internal staff specifically discussed the problem on the line.According to the provisions of double punishment of criminal law, criminal offense established the company needs shared by the company and the internal responsible. Including double punishment for the company, including the criminal law on corporate crime punishable by fines, responsible for internal sentence, exemption from punishment basis. Emphasis on internal personnel responsibilities in the end responsibility and under what circumstances, what kind of liability are discussed.Presents and analyzes the problem of the ultimate goal is to solve the problem, research the company to bear criminal responsibility issue, the purpose is to find the root of the problem of corporate crime, subject to criminal undertake prevention, monitoring and control, and thus reduce or even eliminate the source the incidence of corporate crime cases. For corporate crime prevention, first return to the company’s commitment to the subject of criminal offense- a company of mens rea initiated by point before, that research within the company responsible, identify strategies from the inside, its effective checks and balances. Then solve the crime problem from general is the most effective countermeasures- to improve the relevant legislation to proceed, good convergence of criminal legislation and non-criminal legislation, closely woven French Open, the comprehensive management of corporate crime, to ensure a smooth and orderly development of economic and social life.