Chinese Localization Practice Of Corporate Criminal Compliance

Compliance criminal compliance is a concept that has recently prevailed and is extremely tense.It not only embodies the concept of social punishment for the active and comprehensive prevention of corporate crime,but also embodies the company’s advanced governance methods and compliant business philosophy..The establishment and improvement of corporate criminal compliance is not only the need for corporate internal governance,but also inseparable from the active advocacy,incentives and reverse blame of the national criminal policy.Under the situation of "Yuanfang invading the ancient roads",Chinese enterprises have also begun to realize the importance of compliance management,but at present,China’s overall criminal compliance construction is still at the academic discussion stage.This article intends to introduce and analyze the existing theories and practices of relevant countries outside the region,so as to provide a reference for the establishment of criminal compliance in China’s enterprises.In addition to the introduction and conclusion,this article is divided into four parts.The first part is a theoretical overview of corporate criminal compliance.Through the current research and development of the criminal compliance plan,the introduction of the research status,function and significance of the criminal compliance system,the current theoretical research and practice in the field of criminal compliance in foreign countries are analyzed,with a view to creatively introducing the concept of criminal compliance and improving our country.The early prevention,mid-term supervision and later criminal defense of corporate crimes can achieve the purpose of preventing corporate crimes in advance.The second part is to present the lack of criminal compliance of Chinese enterprises through typical cases of violation of laws and regulations.Based on the analysis of the Changchun Changsheng vaccine case and the ZTE incident,based on the concept of corporate compliance,it analyzes the problems in China’s corporate crime governance and paves the way for the further establishment of a criminal compliance system.The third part is based on the analysis of corporate criminal compliance to analyze the current problems in China’s corporate crime governance.At present,our country’s criminal law is still mainly based on the post-punishment model of state public power in the governance of corporate crimes,and the concept of prevention of corporate crimes is weak.The aim is to reduce the burden of national governance by establishing an enterprise criminal compliance plan,avoiding the "disappearance" of enterprises due to violations of regulations,and to raise questions about how to build an enterprise criminal compliance system that meets China’s national conditions.The fourth part explores the feasibility of how to realize the localization of the enterprise’s criminal compliance.In response to China’s current advocacy on the concept of corporate criminal compliance,through criminal law means to adjust the intensity and scope of corporate criminal punishment in China,and give corporate compliance a positive criminal law obligation;consider the status of corporate criminal compliance as a corporate criminal punishment plot,Expand the probation campaign to suspend prosecution to urge and guide the establishment of an effective compliance system within the enterprise.With a view to changing the concept of punishment as the main purpose in the previous penalties,the preventive function of criminal law and the function of guilty of criminal compliance of enterprises should be fully utilized.