Research on Enterprise Crime and Enterprise Criminal Liability
Date Issued
2012
Date
2012
Author(s)
Wu, Yi-Jang
Abstract
The main gist of this paper is in establishing "criminal law" as the main body to combat enterprise crime. For many years, administrative jurist in Taiwan tend to affect the legislative policy by means of administrative supervision or administrative fines regulation for combating enterprise crime. Actually it is hard to prevent enterprise crimes, especially the global financial crime or monopoly of market. People often resorted to administrative measures, but can not restore their rights by the judicial organ. In fact, all of problems can point to that, we rely too much on the regulation of administrative law, and overemphasis on the "modestly restraining spirit of the criminal law".
Enterprise crime is more unique than traditional crimes. Enterprise, as private juristic person, it is not acknowledged as independent subject in criminal prosecution, but in administrative law and civil law field, it has held very important position. Because of globalization, enterprise has been holding gigantic resource and manpower. Abusing its power often brings about gigantic economy loss. And sometimes its business actions commit crimes. Therefore, development of the enterprise crime theory is becoming necessary. Countries in the world, people, whether in academia or in practice sector, both apply their energy to research on countermeasures to prevent the occurrence of enterprise crime.
Compared to this, in Taiwan, the criminal law field still remains in the traditional criminal offenses, such as murder and theft, ignoring that confrontation of enterprise crime is a serious issue. Moreover, our prosecutors often negatively wait for the transfer of administrative authority, it makes many crimes not be found. Hence, how criminal law can play a positive role to reduce enterprise crime is the focus of this paper. However, how to definite the enterprise crime and the penalty scope is a wide range of issues, inevitably involved with other academic discipline , such as civil law, administrative law, criminology, economics, sociology, etc .
To face this complex and wide range of issues, integration of academic and legal fields is the main purpose which means not only to do the integration of criminal law and criminal policy but also to establish enterprise crime theory in practice. It includes enterprise crime theory, the conflict of criminal law and administrative law , the division of enterprise business actions and enterprise business crimes, the research on the legal interest of enterprise crime. Hope this paper will arouse scholars of criminal law to put proper attention in enterprise crime.
Subjects
enterprise crime
financial crime
criminal law
administrative law
conflict of law
SDGs
Type
thesis
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