Research On The Introduction Of Criminal Compliance System In Corporate Crime Governance In China

After transitioning through a traditional agricultural society,mankind has now entered an industrial one through the help of the invention of the machine.Various decisions and behaviors made by mankind within the industrial society have created a number of hidden dangers today,and have become the main source of modern social risk.The stage of social development we are currently in has transformed society into a risky one.The theory of risk society is derived from this and focuses on the enlightenment of risk awareness,the enhancement of risk prevention,and control capabilities.The freedom of enterprise development and the strictness of the criminal law network sharply increases the legal risks faced by enterprises.If criminal legal risks turn into real-world hazards,as soon as an enterprise faces a criminal lawsuit,it will result in a fatal blow to the enterprise itself,and bring many serious negative external effects to society.Under a background of a traditional criminal law system that focuses on ex-post punishment and deterrence,it is difficult to solve the above dilemma.However,as the criminal compliance plan as an internal corporate risk control mechanism comes into being,and through the benign interactions with criminal law,a complete set of criminal compliance has been formed.The system has become an important measures of corporate crime governance for most countries in the world.As a new path for corporate crime governance issues,some countries have actively explored criminal compliance systems,and as a result,have developed relatively complete systems.Considering that the criminal compliance system can effectively prevent the occurrence of negative external effects while punishing crimes appropriately,China should also introduce a criminal compliance system based on national conditions in a timely manner.To this end,this thesis takes the dilemma of corporate crime governance that China is currently facing as a background,and takes the actual needs of corporate crime governance in China as the fundamental starting point.The thesis also discusses the overall operation of a criminal compliance system in terms of the emergence and function of the system itself,as well as overseas practices in order to facilitate the construction of domestic systems in China.In the first section of this thesis,begins with the current dilemma of corporate crime governance,clarifying that the criminal compliance system has become a practical need for corporate crime governance in China.At present,there are no relevant provisions in the criminal compliance system in China’s legislation,but there have been cases of application in practice.Taking into account the current situation of corporate crime and the negative externalities brought about by traditional criminal penalties,China should introduce a criminal compliance system at an appropriate time in the future,and provide an institutional and legal basis for the application of criminal compliance in corporate crime governance.The second section is about foreign practices and the revelations of the criminal compliance system.By categorizing and analyzing the practices of countries that have already established criminal compliance systems,including the evaluation of effective criminal compliance plans and their theoretical support,the deconstruction of specialised criminal compliance,and criminal law incentive mechanisms,this provides for a reference of the introduction of this system into China.The third section explores the theoretical and legal basis for the introduction of a criminal compliance system in China,including a feasibility analysis of introducing a criminal compliance program.From the perspective of prevention and safety trends of the criminal law system in a risky society,and the changes in "social standard" legal interests,by combining China’s domestic situation,we can draw conclusions about China’s confession of guilt and punishment.Therefore,it can be concluded that the leniency system and the conditional non-prosecution system in China can be used as the transition and convergence mechanism for the introduction of a criminal compliance system.The fourth section discusses the path for China’s establishment of a criminal compliance system.The introduction of a criminal compliance system should establish a corporate crime governance concept that pays equal attention to punishment,and updating individual crime theory and policy.On this basis,the current legislation should be improved with a greater clarification on the effectiveness standards of the corporate criminal compliance program.Additionally,we would expect to see increasing criminal compliance as a circumstance of statutory sentences and establishing a conditional non-prosecution system for enterprises,while also promoting the spontaneous formation of a criminal compliance culture in the industry and society as a whole.