Research On The Criminal Compliance Issues Of Chinese Enterprise

Criminal compliance is closely related to the production activities of enterprises and is an important practical issue in current criminal law.In order to better prevent enterprises from falling into bankruptcy due to criminal risks encountered in the course of business,China needs to construct a complete criminal compliance management system.Criminal compliance plays an important role in making up for the shortcomings of traditional criminal law in managing corporate crimes,helping enterprises reduce the risk of criminal crimes,promoting enterprises to reasonably assume social responsibility,and protecting the legitimate rights and interests of enterprises themselves and shareholders.The continuous expansion of compliance reform in terms of applicable objects has aggravated the doctrinal dilemma of criminal law,thus posing a rigid demand for the revision of criminal law.The effective standards of criminal compliance should be clarified and the penal system for unitary crimes should be improved.At the same time,in order to make criminal compliance work to a greater extent,the incentive targets of criminal compliance should also be expanded to include small and micro enterprises as well as state-owned enterprises and even felony enterprises.For the paper compliance problems that appear in practice,the responsibilities of the compliance manager should be clarified,and the phenomenon that enterprises appear to cooperate but actually do not rectify should be avoided by strengthening the internal cooperation of enterprises and imposing higher behavioral requirements on the decision-making level of enterprises.In response to the problem of heavy cost for enterprises to build compliance programs,local governments can appropriately provide policy support.In the process of criminal compliance,the state should also pay attention to maintaining a balance between corporate autonomy and criminal incentives.