Research On The Compliance Path Of Criminal Risk Prevention And Control In Private Enterprises

In the course of operation,private enterprises in our country not only undertake social responsibility,but also face various legal risks.The external factors of private enterprises,such as market operating environment,criminal law setting and internal operating mode,enterprise culture and legal consciousness,will lead to the emergence of criminal risk.The existing countermeasures of prevention and control of criminal risk include equal protection of private enterprises by the government,prudent application of criminal law,social supervision,cultivation of legal consciousness and positive corporate culture of members of private enterprises.While these countermeasures for the prevention and Control of criminal risks play a role,there are also some deficiencies such as time needed to improve the market environment,lag of law,insufficient social supervision,and lack of unified standards among private enterprises.It is not enough to rely on existing prevention and control measures.On the basis of the criminal compliance practice of many countries outside the country and the domestic theoretical research,the criminal compliance system can be used as a way to prevent and control the criminal risk of private enterprises.Criminal compliance is to rely on criminal law to encourage the internal governance of enterprises to constantly take criminal law as the standard to avoid criminal law violations so as to maximize the prevention and control of enterprise criminal risk.Criminal compliance is not only the internal governance system of enterprises,but also hascriminal penalty significance at the level of National Criminal Law.Criminal Law incentive will encourage enterprises to conduct internal self-management through criminal compliance in order to avoid the occurrence of criminal acts or criminal prosecution when the result of leniency.The application of criminal compliance in private enterprises not only helps to improve the level of legal operation of private enterprises and develop China’s private economy,but also can effectively prevent and control the criminal risk of private enterprises and realize the purpose of penalty prevention.The way to implement the criminal compliance of private enterprises is firstly to perfect the relevant legislation of criminal compliance: to set the criminal compliance as the obligation of private enterprises;Taking criminal compliance as the circumstances of sentencing in private enterprises.The second is the establishment of an effective framework for criminal compliance within private enterprises: The formulation of criminal compliance plans;the definition of targets for criminal compliance implementation;and the monitoring of criminal compliance implementation.Through the above two aspects of the construction of criminal compliance in private enterprises to play a practical role,private enterprises become an effective way of criminal risk prevention and control.