企业高管高薪是应得的还是对企业的窃取【外文翻译】.doc

外文题目:Exorbitant pensation: just reward or grand theft
出处:Springer Science + Business Media . 2008
作者:David O. Friedrichs
原文:
Exorbitant pensation: just reward or grand theft
The failure of society to criminalize policies and practices of anizations and individuals that are demonstrably harmful has been a central theme of the white collar crime literature since Sutherland. In recent years mentary and criticism has been directed at vastly pensationpackages awarded to CEOs of major corporations and other major some criminal prosecutions have been pursued on the basis of allegations of fraud in relation to pensation (., the Dennis Kozlowski/Tyco case andthe Conrad Black/Hollinger case), and some civil lawsuits demanding repayment of unjustifiably large pensation have been initiated (., the Richard Grasso/New York StockExchange case), most typically exorbitant pensation packages result in neither criminal indictments nor civil lawsuits. This article explores the status of exorbitant pensation as a criminological phenomenon, beginning with a typology of different views on pensation. The contemporary scope of pensation is reviewed, with the exponential increase in the gaps between pensation of CEOs and those below them documented. Someof the different mechanisms along a continuum of legal to illegal for providing exorbitant pensation are identified. Why is the awarding of exorbitant pensation typically legal? What specific forms of harm arise from awarding exorbitant pensation? Why do Corporate mittees award exorbitant pensation? Indeed, what are the specifically criminogenic dimensions of Corporate Board decision-making that contribute to this process? Whatarguments can be advanced in favor of criminalizing exorbitant pensation and against doing so? What specific practical constraints would have to be e to criminalize the awarding of exorbitant pensation? If exorbitant pensation has not been addressed traditionally as a form of white