法人処罰論について

This paper summarizes the theory of corporate penalties in Japan. Every time a large-scale corporate disaster, pollution crime, or financial crime occurs in Japan, the theory of corporate punishment becomes more active. Contrasted to the traditional individual deterrence model, the organizational deterrence model, which focuses on the actions and intentions of the corporation itself, has been advocated for some time. However, to date, there are few supporters of the latter model. This paper explores the causes of this trend, focusing on how representative theorists view corporate activities and confirms what theorizing is based on criminal law theory.