다국적기업 범죄 및 효과적인 저지를 논함
On Effective Measures against Crimes of Transnational Corporations
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The two categories of the crimes of transnational corporations that our nation are faced with are crimes that multinational corporations committed in Chinese territory and that Chinese corporations committed abroad. However, the process of investigating and punishing such crimes are often stuck in predicament. In regard of criminal law, the major measure against such crimes is applying the laws accurately to distinguish the criminal liability of different subjects, for instance, parent companies, subsidiaries, affiliates, as well as members thereof. As to criminal policy, on the one hand, equal protection and effective regulations should be applied to transnational corporations that bear investments in China. On the other hand, Chinese corporations operated abroad should be supervised to observe local laws. Through the classification of crimes of transnational cooperation, effective measures against such crimes would arise, promoting the regulated operation of transnational cooperation in the process of economic globalization.
Abstract
The two categories of the crimes of transnational corporations that our nation are faced with are crimes that multinational corporations committed in Chinese territory and that Chinese corporations committed abroad. However, the process of investigating and punishing such crimes are often stuck in predicament. In regard of criminal law, the major measure against such crimes is applying the laws accurately to distinguish the criminal liability of different subjects, for instance, parent companies, subsidiaries, affiliates, as well as members thereof. As to criminal policy, on the one hand, equal protection and effective regulations should be applied to transnational corporations that bear investments in China. On the other hand, Chinese corporations operated abroad should be supervised to observe local laws. Through the classification of crimes of transnational cooperation, effective measures against such crimes would arise, promoting the regulated operation of transnational cooperation in the process of economic globalization.
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