Corporate Criminal Responsibility in China Legislations and Its Deficiency英文文献资料.docVIP

Beijing Law Review, 2012, 3, 103-108 103 /10.4236/blr.2012.33013 Published Online September 2012 (http://www.SciRP.org/journal/blr) Corporate Criminal Responsibility in China: Legislations and Its Deficiency* Yingjun Zhang Law School, South-Central University for Nationalities, Wuhan, China. Email: zyj2161@ Received May 15 , 2012; revised June 15 , 2012; accepted June 26 , 2012 th th th ABSTRACT The Chinese corporate criminal responsibility is featured by the “Double Punishments” imposed both on the Unit who commit a crime and the persons who are directly in charge. As an attributable liability, corporate criminal responsibility requires more precise and detailed principles of attribution in the national criminal law. Unfortunately, it has not ar- chived yet in Chinese Criminal Law. As well, at current, only one kind of monetary penalty, the fine, can be imposed on the Unit who commit a crime. It is far from enough to prevent corporate offences. On enumerating and analyzing Chi- nese criminal legislations concerning corporate criminal responsibility, the author finds the main deficiency in it and recommend on how to perfect it. Keywords: Corporate Responsibility; Corporate Crimes; Chinese Criminal Legislations and Deficiencies 1. Introduction shareholding companies, limited liability companies, so- cial organizations and other economic forms of organiza- tion emerged. However, the crimes or offences commit- ted by legal entities also increases. In view of this, the new Criminal Law of P. R. China, revised at 1997 (Here- inafter China 1997 Criminal Law) extends the jurisdic- tion over the corporate crimes. However, according to Chinese legislations, the “legal persons” is generally lim- ited to the organization with certain qualifications, in- cluding an independent property and limited liability,