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来源类型 | Report |
规范类型 | 报告 |
来源ID | RR-412-ICJ |
The Changing Role of Criminal Law in Controlling Corporate Behavior | |
James M. Anderson; Ivan Waggoner | |
发表日期 | 2014-12-09 |
出版年 | 2014 |
语种 | 英语 |
结论 | There Is Mixed Evidence About the Changing Role of Criminal Law in Regulating and Controlling Corporate Activity
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摘要 | What should be the role of the criminal law in controlling corporate behavior, and how can the execution of that role be improved? On the one hand, corporations have enormous power, and, when a corporation causes harm, there is a natural instinct to apply criminal sanctions, society's most serious expression of moral disapproval. In the wake of a harm in which a corporation had a prominent role, there are often calls for an increased use of the criminal law to tame corporate excesses. On the other hand, criminal liability has historically usually required criminal intent, a concept that applies oddly to a legal construction, such as a corporation. And more recently, critics have decried what they have termed the overcriminalization of corporate behavior, suggesting that there has been an overreliance on the use of criminal law in this context. ,To provide guidance to policymakers on the proper role of criminal sanctions in this context, RAND Corporation researchers (1) measure the current use of criminal sanctions in controlling corporate behavior, (2) describe how the current regime developed, and (3) offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved. |
目录 |
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主题 | Corporate Governance ; Criminal Law ; Sarbanes-Oxley Act of 2002 ; White Collar Crime |
URL | https://www.rand.org/pubs/research_reports/RR412.html |
来源智库 | RAND Corporation (United States) |
资源类型 | 智库出版物 |
条目标识符 | http://119.78.100.153/handle/2XGU8XDN/522633 |
推荐引用方式 GB/T 7714 | James M. Anderson,Ivan Waggoner. The Changing Role of Criminal Law in Controlling Corporate Behavior. 2014. |
条目包含的文件 | ||||||
文件名称/大小 | 资源类型 | 版本类型 | 开放类型 | 使用许可 | ||
RAND_RR412.pdf(784KB) | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 | ||
x1495316374234.jpg.p(5KB) | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 |
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