Research On Corporate Criminal Responsibility From The Perspective Of Criminal Compliance

Since the establishment of unit crime in the criminal law in 1997,the theory circles and judicial practice have followed the thinking of the identification of enterprise criminal responsibility from the natural member inside the enterprise to the enterprise as a whole.There are a series of problems in the way of completely relying on the behavior and will of enterprise internal members to identify enterprise criminal responsibility.Criminal compliance has been a hot topic in our criminal law circle in recent years.According to the concept of criminal compliance,enterprise compliance management system can help enterprises reduce criminal responsibility in prosecution,sentencing,crime and other aspects,which provides a new perspective for the research of enterprise criminal responsibility.Based on this,this paper respectively introduces and evaluates the present situation of the identification of corporate criminal responsibility,criminal compliance and corporate criminal responsibility,the experience of foreign law to confirm corporate criminal responsibility by compliance,and explores the Chinese-oriented construction of corporate criminal responsibility from the perspective of criminal compliance,which mainly includes the following four parts.The first part introduces the present situation of corporate criminal responsibility identification.In this chapter,based on the current laws and judicial interpretations,this paper first analyzes and explains the path of determining the criminal responsibility of enterprises in China in terms of both conviction and punishment,and then,based on a comprehensive analysis of the current situation,it is concluded that there are some problems in the identification of criminal responsibility of enterprise crime,such as confusing the criminal responsibility of enterprise and its internal members,ignoring the "independent personality" of enterprise and imperfect criminal responsibility system.The second part analyzes the relationship between criminal compliance and corporate criminal responsibility.This paper first introduces the concept of criminal compliance,and then discusses the attribution logic of corporate crime under the criminal compliance system from two aspects: the attribution of negligent compliance and corporate criminal responsibility,effective compliance and reduction of corporate criminal responsibility,and discusses the influence of criminal compliance on the traditional judgment mode of corporate criminal responsibility.The third part is the extraterritorial experience of determining corporate criminal liability by compliance.In this chapter,comparative analysis method is used to summarize and compare the experiences of common law countries and civil law countries in determining corporate criminal liability based on corporate compliance construction,mainly involving the United States,Britain,Italy,France and Japan.The fourth part is the Chinese construction of corporate criminal responsibility from the perspective of criminal compliance.This article firstly ponds from two aspects of compliance and conviction,compliance and sentencing respectively and discusses the criminal entity law construction of enterprise crime criminal responsibility under the compliance ideas.Then it also comments on the reform practice of enterprise non-prosecution in our country from the criminal procedure law level and discusses the problems of the system construction of enterprise non-prosecution in compliance.