중국형법상 기업의 처벌제도
Punishment Systcm for Enterprises in China’s Criminal Law
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The study sets forth forth in detail the revolution of China’s Criminal Punishment System for Enterprises, the basis for Enterprise Criminal punishment and the structure of the enterprise criminal punishment theory, as well as the fomation of intentional crime in the enterprise crimes. ln addition, it dwells on the content, the characteristics and the existing problems of the Criminal Punishment System for Enterprises in the penal code. The Criminal Punishment System for Enterprises in China was first stipulated in the Administrative Law and Special Criminal Saw in the late 1980’s, and was introduced into Penal code through amendment of criminal law in the late 1990’s. There are almost 130 kinds of enterprise crimes included in the Penal code of China, most of the enterprise crimes are under the category of intentional crime and the rest are included into that of negligent crime. The Punishment on the criminal enterprises is principled on the "Double punishment System", which basically follows the principle that: "in the event of the crime committed by an organization or an institution is described in the preceding clause, the organization or institution shall be imposed penalty fine, and the superintendent who is directly responsible and whoever is directly responsible shall be punished in accordance with the provisions of the preceding clause". Therefore, "Double punishment System"is, based on the "Natural person Inclusion Theory", an individual crminal punishment structure for enterprises. Penalty fine punishment as a means of criminal sanction levied upon the enterprise organizations, is currently not only the osle type and the unique criminal sanctin, with most of penalty fine cases are imposed System of Unspecified Penalty Fine Amount and System of Penalty Fine Aggregation, but also monetary penalty is the only the punishment in terms of punishment execution. The existing systematic problems are the major causes that reduce the effect of criminal punishment. As a result, to improve and perfect the system of enterprises criminal punishment in the penal code is the most pressing demand of the day.
Abstract
The study sets forth forth in detail the revolution of China’s Criminal Punishment System for Enterprises, the basis for Enterprise Criminal punishment and the structure of the enterprise criminal punishment theory, as well as the fomation of intentional crime in the enterprise crimes. ln addition, it dwells on the content, the characteristics and the existing problems of the Criminal Punishment System for Enterprises in the penal code. The Criminal Punishment System for Enterprises in China was first stipulated in the Administrative Law and Special Criminal Saw in the late 1980’s, and was introduced into Penal code through amendment of criminal law in the late 1990’s. There are almost 130 kinds of enterprise crimes included in the Penal code of China, most of the enterprise crimes are under the category of intentional crime and the rest are included into that of negligent crime. The Punishment on the criminal enterprises is principled on the "Double punishment System", which basically follows the principle that: "in the event of the crime committed by an organization or an institution is described in the preceding clause, the organization or institution shall be imposed penalty fine, and the superintendent who is directly responsible and whoever is directly responsible shall be punished in accordance with the provisions of the preceding clause". Therefore, "Double punishment System"is, based on the "Natural person Inclusion Theory", an individual crminal punishment structure for enterprises. Penalty fine punishment as a means of criminal sanction levied upon the enterprise organizations, is currently not only the osle type and the unique criminal sanctin, with most of penalty fine cases are imposed System of Unspecified Penalty Fine Amount and System of Penalty Fine Aggregation, but also monetary penalty is the only the punishment in terms of punishment execution. The existing systematic problems are the major causes that reduce the effect of criminal punishment. As a result, to improve and perfect the system of enterprises criminal punishment in the penal code is the most pressing demand of the day.
참고문헌 (29)
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