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Corporate manslaughter is a crime in several jurisdictions, including England and Wales and Hong Kong.〔Jackson, Michael (2003), (''Criminal law in Hong Kong'', p.400 ), Hong Kong University Press.〕 It enables a corporation to be punished and censured for culpable conduct that leads to a person's death. This extends beyond any compensation that might be awarded in civil litigation or any criminal prosecution of an individual (including an employee or contractor). The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect in the UK on 6 April 2008. ==Criticism of the concept== The existence of such a crime has been criticised, especially from the point of view of law and economics which argues that civil damages are a more appropriate means of compensation, recognition of the loss suffered and deterrence.〔Clarkson (1998)〕 Such arguments emphasise that, because the civil courts award compensation commensurate with the damage done, they apply the appropriate level of deterrence.〔Khanna (1996)〕 Again, such arguments contend that "over-deterrence" may divert resources from other socially beneficial activities.〔Fischel & Sykes (1996)〕 However, these views have themselves been criticised. Clarkson identifies four valuable characteristics of criminal prosecution:〔 *Stronger procedural protection of corporations, such as proof beyond reasonable doubt; *More powerful enforcement agencies, such as the Health and Safety Executive in the UK; *The stigma and censure that follow from conviction; and *The symbolic role of criminal law that "sends a message" to society. A further strand of criticism holds that only individuals can commit crimes.〔''Meridian Global Funds Management Asia Ltd v. Securities Commission'' () 2 AC 500, at 507 ''per'' Lord Hoffmann〕 Further, it is individuals who feel the threat of deterrence. In England in 1994, OLL Ltd were convicted of corporate manslaughter over the Lyme Bay kayaking tragedy and fined £60,000 while Peter Kite, one of the company's directors, was sentenced to three years' imprisonment, arguably a greater influence on the conduct of company managers.〔〔''R v. Kite and Others'', ''The Independent'', 9 December 1994〕 Further, a corporation may simply be a "veil" for an individual's activities, easily liquidated and with no reputation to protect.〔 Again it is argued, company fines ultimately punish shareholders, customers and employees in general, rather than culpable managers.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Corporate manslaughter」の詳細全文を読む スポンサード リンク
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