Research On The Criminal Law Of Enterprise Compliance System

Under the background of economic globalization,the demand of the state for the control of multinational enterprises has been strengthened,and the demand of enterprises for the resistance of compliance risk has also increased.The reality has promoted the criminal law of the enterprise compliance system,and a new win-win cooperation model of criminal law control embodied in criminal compliance has gradually attracted attention.Although there are still different attitudes towards criminal compliance in academic circles,many scholars question whether the enterprise compliance system has the practical function of crime prevention through empirical research and logical reasoning.However,from the perspective of utility,at the national level,criminal compliance,as a penalty incentive measure,can promote enterprises to implement self-control within the legal framework,with the function of crime prevention;at the enterprise level,criminal compliance can enable enterprises to avoid criminal responsibility when they are involved in some crimes.The criminal law of enterprise compliance system,that is,criminal compliance,is a prospective research field at present.As the origin of compliance concept,the United States first explored a systematic compliance plan in practice and formed a relatively complete legal system.Since 1991,the United States "Federal Sentencing Guidelines" clearly defined the compliance plan,the concept of compliance has been formally introduced into the field of criminal law.Countries and regions have followed suit in legislation and judicial practice,and introduced the concept of compliance in criminal justice to solve the problem of corporate crime.The criminal law of enterprise compliance system has practical necessity and theoretical basis in China.The enterprise compliance system has brought economic and legal benefits to the development of the enterprise,which can promote the standardization and modernization of the internal management structure of the enterprise.Enterprise compliance system is a set of management system which is set up to prevent,monitor and deal with internal criminal behavior in order to avoid criminal responsibility.The "compliance" of compliance has a wide range of sources,including not only formal legal norms,but also informal industry norms.Fundamentally speaking,the ultimate source of compliance "compliance" is always national regulations,and compliance is the bottom line.The combination of the criminal law and the concept of criminal law of the enterprise compliance system is mainly manifested in the following four aspects: the enterprise compliance system shows the new concept of crime prevention;the enterprise compliance system reflects the concept of risk criminal law;the enterprise compliance system reflects the criminal policy concept of comprehensive governance;the enterprise compliance system reflects the transformation of the criminal liability path of legal person.The enterprise compliance system,which originated in the United States,is clearly defined as the legal circumstances of sentencing.It has become the subject of exclusion of crime in Britain and the element of crime establishment in France.In the Chinese context,we should put the enterprise compliance system into the theory of corporate crime under the criminal policy of enterprise compliance.As a microcosm of enterprise behavior norms,enterprise compliance system should be positioned in the field of corporate crime when it comes into China’s criminal law.First of all,in the legal theory,under the overall legal order,taking the relativity of illegality as the theoretical premise,the compliance rules in the enterprise compliance system should conform to the content of the pre law,and take "violating the national regulations" as the bottom line.Secondly,the relationship between criminal compliance and objective illegality is: enterprise compliance is the content of the duty of care of legal person.Finally,because the corporate crime is committed by a specific natural person,we can judge and analyze the subjective state of mind of the natural person from the perspective of criminal compliance.The relationship between criminal compliance and subjective responsibility is: Criminal compliance consciousness belongs to a kind of illegal consciousness,the possibility of criminal compliance consciousness is the element of responsibility,and the judgment standard of type person is used in the specific judgment.