組織体犯罪研究の現状と展望 : 企業組織体責任論の課題 (<特集>組織体犯罪の研究)
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概要
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1. An organizational crime is different from "organized crime." An organized crime is a collective crime of illegal groupe of individuals, while an organizational crime is an illegal activity of an organization. A gang crlme is an example of an organized crime. A corporate crime is an organizational crime. A corporation is an organization. It is a legal entity. It exists independent of any given individual who may occupy a given role or position within a corporate structure. A corporate crime is an organizational crime, but is not an "occupational crime" committed by a white-collar worker-Edwin Sutherland entitled his famous treatise "White Collar Crime" (1949/1961), but in actuality he studied a corporate crime. An occupational crime is an individual crime. The distinction between occupational crime and organizational crime is as follows. An occupational crime is committed by an agent (employee) against the organization (corporation), while an organizational crime (a corporate crime) is committed on behalf of the organization (corporation). Embezzlement committed by a managerial agent is an example of an occupational crime. Examples of organizational crimes are anti-trust violations and environmental pollution. 2. The Kigyososhikitai-sekininron (organization theory of corporate criminal liabilily) is used to regulate an organizational behaviour of a corporation through criminal sanction. The main points of this theory are as follows. First, this theory observes organizational behaviours of corporation as a whole. Second the theory examines the illegality and culpability of individual acts of agents of organization (include a chief executive officer and a president), noticing their roles in illegal (deviant) organizational behaviours of the corporation. An activity of a corporation is an organizational behaviour, so it is irrational to dissolve a corporate activity into individual acts of its agents. Although the costs of corporate (organizational) crimes are staggering, little theoretical or empirical work was done on the topic of a corporate (organizational) crime in Japan. Kigyososhikitai-sekininron has been developed as a new theoretical strategy for corporate crime control. Kigyososhikitai-sekininron matches the characteristics of Japanese corporation (the Kaisha). This theory is beginning to penetrate the judicial practice-some examples are Morinaga Powdered Milk Case and Minamata Disease Case. 3. In Japanese corporation (kaisha), internal self-regulation is not so effective. Enforced Self-regulation (John Braithwaite) does not work. A criminal sanction is indispensable for regulation of an organizational deviant behaviour, but a criminal law system against an organizational crime is not sufficient. So new legislation based on "Kigyososhikitai-sekininron" is required. Organization theory in the field of sociology or sociological criminology is necessitated for reconstruction of a corporate criminal law system.
- 日本犯罪社会学会の論文