The Internal Review Of China’s Criminal Compliance And The External Supervision Of The Interface,Mechanism Research

With the improvement of China’s economy system,enterprises will play a more important role in implementing the concept of innovation and development and stimulating market vitality.According to the traditional criminal law,the post-punishment method will inevitably cause great losses to the social economy,but also hit the enterprise’s enthusiasm for innovation and development.Therefore,whether for the individual enterprise or the market system is the most economical choice.The construction of legal criminal compliance of special enterprises takes the prevention and control of criminal legal risks and promotes the socialization of enterprise benefits as the long-term goal.At present,China’s enterprise criminal compliance system construction is still in its infancy,how to improve the construction of criminal compliance system,but also should be combined with the social effects of criminal compliance and socialist legal legitimacy,critical to undertake extraterritorial enterprises criminal risk prevention and control investigation system,so as to explore the establishment of enterprise internal compliance self-examination and external standard inspection combined cross-subject,wide-ranging,multi-level criminal compliance model.The first part,mainly introduces the basic theory and practice of china’s criminal compliance at this stage,and analyzes the current "inspection and enterprise construction" compliance model may exist defects and shortcomings.The main contents include the effectiveness of enterprise self-examination under the compliance incentive mechanism and the problems faced by the external investigation of the procuratorate.The second part,combined with the theory of extraterritorial criminal compliance,expounds the functions and positions of various regulatory subjects under the criminal compliance system of various countries,discusses their legal legitimacy and practical feasibility under the framework of socialist rule of law.At the same time,the feasibility of third-party institutions participating in criminal compliance model is analyzed,and the feasibility and advantages of third-party institutions’ participation in criminal compliance review and inspection are discussed from the aspects of subject positioning,functional evaluation,authoritative effectiveness and organizational framework.The third part,according to the latest regulations on the participation of third-party institutions in compliance management in China,analyzes the qualifications and authority of specific third-party institutions in the criminal compliance system,and puts forward some targeted and feasible suggestions.