Corporate Criminal Responsibility in China: Legislations and Its Deficiency
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Secondly, the penalty for corporate crimes is very sim-
ple. Only fine can be imposed on the wrongfully-doing
corporations. It is far from enough to prevent corporate
offences. Thirdly, the criminal legislations of the crimes
committed by Unit are complemented largely by judicial
interpretations, the explanatory documents and the other
kind of documents like Minutes. Those documents are
less authoritative than national criminal law. This is not
good to prosecute and try corporation offences.
In order to ensure the impartiality in trial and fight
against corporate crimes effectively, I suggest to take
following actions to remedy the deficiencies in Chinese
First of all, make the detailed uniform provision in
Chinese Code of Criminal Law which should precisely
define the criminal subject of the crime committed by
Unit, the mens rea requirements of that crime and the
principle of attribution.
Second, add the other penalties such as disclosure of
the companies, suspending from some business opera-
tions, excluding from participation in procurement and
the measures to enforce the company to change their in-
ternal structure to establish self-control system . Al-
though in China, due to a large number of administrative
single acts regulating the corporate offences in addition
to criminal law, those penalties can be imposed by dif-
ferent responsible authorities on the wrongfully-doing
corporations as an administrative sanction. However,
because those administrative regulations are single and
disperse that there is no uniform administrative regula-
tion providing the uniform requirements on the corporate
offences, different authority has different understanding
on how to judge the corporate offences. As a result, some
wrongfully-committed corporations go beyond the arm
of the law.
For this reason, the detailed uniform provisions of cor-
porate crimes in Chinese Code of Criminal Law surely
become an important guide and reference for administra-
tive authorities in their practice to investigate corporate
offences. That’s why I recommend to perfect the related
provisions in Chinese Criminal Law.
As well, with the economic development in China, the
number of legal entities is growing. Consequently, the
corporate offences become more and more, the structure
of modern corporation become more complicate. They
pose the threat to stability of societies and security of
economies, challenging the justice and fairness. In order
to fight against transnational crimes, the Chinese gov-
ernment adopted some international conventions con-
tained the responsibility of legal persons and then take
the obligation to implement them in Chinese law. So, it is
necessary and significant to do something for the re-
search on the Chinese legislation concerning corporate
ffences, making them more equitable and perfect. o
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