Research On The Convergence Mechanism Of Administrative Law And Criminal Law In The Compliance Program System Of Enterprises Involved In The Case

The vast majority of corporate crimes in China belong to the category of administrative offenses,and their criminal behavior constitutes both administrative and criminal offenses.The issue of the connection between criminal and criminal compliance of the involved enterprises is an important reason for the unnecessary stagnation of case handling.This article delves into the specific relationship and positioning of criminal law,administrative law,criminal and administrative departments in enterprise compliance,and combines a series of explorations made by various pilot procuratorates to solve the problem of execution linkage,establishing an effective connection between punishment and administrative punishment,administrative law enforcement and criminal justice in enterprise compliance rectification.This article is divided into five parts in addition to the conclusion.The introduction section clarifies the research question,examining the basic theories in the field of execution linkage and the current research status in the field of compliance.To ensure the effective operation of the compliance management implementation mechanism,it is necessary to address the issue of poor two-way connection between administrative supervision and criminal justice.Most scholars have provided solid theoretical support and practical basis for the issue of execution linkage,but specific issues and corresponding measures,operating mechanisms,and supporting systems in the twoway linkage process of compliance rectification need to be thoroughly explored.The first chapter provides a conceptual definition and theoretical analysis.By clarifying the connotations of administrative and criminal penalties,administrative and criminal compliance,judicial and administrative power.The division of criminal punishment and administrative punishment is essentially a problem of the distribution of administrative and judicial power.Clarifying this issue helps to fully leverage the efficiency and flexibility of administrative power while preserving the fairness and constraints of judicial power.Chapter 2 conducts a practical review of the connection between compliance rectification and execution in Chinese enterprises.In the current reform pilot,local procuratorates have conducted beneficial explorations in establishing a two-way connection for enterprise compliance.However,contrary to practical expectations,there are still problems with the current connection between punishment and execution,mainly manifested in four aspects:differences in the nature of cases involving criminal enterprises,inconsistent admission standards for objects,poor cooperation in inspection and acceptance,and disproportionate punishment results.Chapter 3 analyzes the causes of problems in the connection of execution.On the one hand,there is a lack of procedural norms for the connection of execution,which is manifested in the lack of detailed provisions for the connection of evidence in compliance cases,poor information connection in enterprise compliance rectification,and the absence of specific rules for the transfer of compliance cases;On the other hand,the substantive legislative system for corporate crime is not scientific,which is reflected in the inconsistent standards for identifying the essence of corporate crime,the overly complex system of supplementary norms in administrative criminal law,and the unclear incentive provisions for effective compliance rectification.Chapter 4 proposes improvement paths for the execution connection of corporate compliance rectification cases.In terms of procedural connection,cooperation between administrative and judicial powers can be strengthened by achieving evidence conversion between compliance law enforcement and criminal justice,and continuing to optimize the two-way transfer mechanism of enterprise compliance cases;In terms of entity connection,the coordination between the execution connection mechanism and the compliance system can be achieved by defining the substantive identification standards for the crimes committed by the involved enterprises,and setting positive and negative incentives for effective compliance rectification.