在华外国公司犯罪特点、原因及对策研究

On Characteristics, Reasons and Counterplans of Foreign Companies' Crime in China

近些年,在华外国公司的犯罪案件数量持续上升,其特点为犯罪类型相对集中,涉案行业多样化,涉嫌犯罪外国公司主要来自发达国家。这与我国对待在华外国公司犯罪立法宽纵、处罚力度不够,管理外国公司经验不足,在华外国公司社会责任感缺失有关。应借鉴外国刑法对单位犯罪处罚制度的优点,健全法律法规,加强国际合作,共同打击外国公司在华犯罪。

Recently, the number of criminal cases of the foreign companies in China continues to rise. The characteristics of those criminal types are relative concentrated and the cases involved are diverse. The foreign companies being suspected of committing crimes mainly come from the developed countries. This phenomenon is related to the legislation of China to foreign companies in China is tolerant. Besides, the punishment is not strong enough and we lack of experience of foreign companies management. And it is also associated with foreign companies＇ lack of the sense of responsibility. Therefore, the advantages of the foreign criminal law to unit crime punishment system should be considered. The laws and regulations should be completed, the international cooperation should be strengthened and the countries should be united to fight foreign companies＇ crimes together.