碩士 / 國防管理學院 / 法律研究所 / 92 / As today''s science makes progress, industry and commerce develop exponentially, and various economic activities emerge day after day, economic activities conducted by legal persons also increase gradually, of which the scope becomes more extensive. There are some legal persons abusing their gigantic capital power, productivity and economic capability, etc. and have caused substantial damages to the living environment as well. However, the Criminal Law of the Taiwan area does not specifically provide whether a legal person can be deemed a subject of crime, while in practice, the legal person is considered criminal disability under the substantive law unless otherwise specified by law. The drafted amendment by the Criminal Law Research and Amendment Committee of the Taiwan area on February 15, 1978 added Article 10-1 to the General Provisions of our Criminal Law: where the General Provisions of this Law conflict with the nature of a legal person, the General Provisions shall govern, indicating that in resolving the punitive issue of a legal person, the Criminal Law of the Taiwan area does not provide principles such as the rules of analogy currently appearing in administrative criminal codes in the General Provisions of the Criminal Law after many amendments and does not deal with the issue comprehensively in the Criminal Law：Kinds of Offense and government even clearly codify laws particularly governing the manners of punishment to solely penalize legal person through administrative sanctions.
The new Criminal Law established in Mainland China in 1979 does not provide regulations for crimes made by legal persons (legal entities,) while the 1979 Criminal Law not only generally calls the crimes made by legal person as unit crimes but also clearly defines the categories of units. Since the provisions of new Criminal Laws of the Taiwan area and of the mainland China regarding punishments for crimes made by legal persons (legal entities) are different, the categories of crimes and legislative techniques adopted by them also differ. Moreover, crimes made by legal persons (legal entities) involving a highly complicated legal issue, therefore, in this thesis, we will try to analyze the theories and practical opinions with the new Criminal Laws of the Taiwan area and of the mainland China regarding crimes made by legal persons (legal entities.)
| Identifer | oai:union.ndltd.org:TW/092NDMC1194035 |
| Date | January 2004 |
| Creators | HAN-CHUNG LEE, 李漢中 |
| Contributors | 陳健民 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 178 |
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