Study On Legislation Perfection Of The Fine Penalty Of Corporate Crimes

The increaing number of corporations in judical practice reminded us to again focus on issues of corporate crimes, including the poor implementation of fine penalty of corporate crime, which was concerned by scholars very often. However, such issue still didn't arouse attention in jurisprudential circle. According to the the provisions of the criminal law in our country, fine penalty mainly applies to fine penalty. This paper with about 35000 words mainly studied on legislation perfection of the fine penalty of corporate crimes so that can help to give solutions to this type case. There are three parts in this paper:The first part of the paper mainly discussed the basis of the fine penalty of corporate crimes. Firstly, origin and development of the legislation of fine penalty in our country was given in the paper, secondly, the paper analyzed the conjunction point between fine penalty and corporate crimes and tried to find out the relationship between these two parts, both of which would lay a solid foundation for researching on the application of fine penalty.The second part detailedly analyzed typical problem of the judical practice about fine penalty of corporate crimes. This part firstly studied from the subject of the responsibility of fine penalty of corporate crimes, utilizing the knowledge of jurisprudence and the basic theory of criminal law, then discussed the unreasonable parts of the double punishment in criminal law in our country by analyzing the connotation of law and next analyzed several articles about fine penalty according to criminal law in our country and compared these articles with those abroad so that can find the amount of deficiencies and defects. In the end, the paper discussed issues of dicretion principle of fine penalty and selected some applications of fine penalty in process of surrender, contributions and recidivism as examples.The third part mainly offered solutions to the applicable problem of the fine penalty of corporate crime in our country and writer would give some suggestions for the above-mentioned problems and defects. First of all, by drawing lessons from the foreign related legislation and judical practice of our country, this paper highly thought that subject of the responsibility of fine penalty of corporate crimes should be defined, double punishment of fine penalty of corporate crimes should be repealed and only penaltied for crime units instead of involving with related responsible. Secondly, this part of the paper detailed the amount of fine penalty of corporate crimes in our country, comprehensively analyzed and learned from foreign related legislation in order to scientifically detail the amount of fine penalty of corporate crimes in our country and distinguish the applicable scope of fine penalty from greedy crimes to the other type and the same to related responsible. Third, through detailed analysis of the theory and practice, the paper discussed deficts of discretion principle in our country, pointed out that circumstances of crimes should be mainly considered as the reference standard to carry out the fine penalty. Last, the paper aimed at the feasibilty of the applicable scope of several main circumstances of sentencing.