당대 중국 회사범죄 논쟁문제의 연구

Abstract

The corporation crime is an important and common type of the unit crime in China. The concept of corporation crime should include the corporation subject，the corporation will and the corporation action. And the concept should include intentional crime and negligent crime. How can a corporation’s action can be judged as a crime that depends on the 30 article in criminal law of China and the details about different charges. The theory basis of the corporation’s criminal responsibility should regard corporation as a relatively independent subject. In additions, different company systems and the expected aim of penalty for company crime are also the essential elements should be considered. The corporation can commit both intentional crimes and negligent crimes. And the latter include the vocational negligence and the supervision management negligence. What kind of natural person should take criminal responsibility of their corporation’s crime actions? That depends on the natural person’s status trait and action trait. The intentional crime and negligence crime, corporations of different forms also have different natural persons to take criminal responsibility. According to Chinese Company Law ,one-man corporation is a kind of new corporation form according to Chinese Company law. If the one-man corporation which has only a natural stockholder commit a crime ,the stockholder should take the criminal responsibility instead of the corporation because the one-man corporation hasn’t corporation will. The one-man corporation’s crime act is the natural stockholder’s crime act actually.