Enterprise Criminal Compliance Construction And Unit Crime,criminal Imputation Research

After ’the unit crime’ was adopted as legislative language of the Criminal Code,The issue of criminal responsibility of the unit crime has been a hot topic in the theoretical field,In the traditional theory of the Constitution of crime,Whether a unit undertakes criminal responsibility stems from the subjective will of the unit’s members depends on whether the name and interests of the person committing the crime belong to the unit.This Imputation mode emphasizes the reverse from individual responsibility to unit responsibility,and considers that the unit can not have the subjective will,which is just a collection of the subjective will of its members.The above-mentioned methods of imputation can deal with common unit crimes,but under the background of economic globalization,many large-scale group companies have gradually emerged,and transnational enterprises are also common,the scale of enterprises is constantly expanding,the organization and management mode is complicated.It is difficult to deduce the subjective will of the general staff from the subjective will of the unit.At the same time,it is difficult to distinguish the subjective will of the legal representative or the actual controller from the subjective will of the unit,considering the current situation of the internal management confusion of some private enterprises in our country.If we continue to follow the traditional pattern of determining responsibility,some of the cases that should be recognized as unit crimes will be recognized as individual crimes and have the suspicion of indulging in crimes,some of the cases that should be considered as crimes committed by individuals will also make the unit innocent and responsible,not only causing the unit to be subjected to criminal prosecution,but even worse,will affect the reputation of the unit,and not only will the unit be unable to continue its operations,there is also a risk that the interests of the innocent will be jeopardized and that this will not be consistent with the international situation and judicial policy.According to the operation of the state system with rich experience in overseas compliance,the influence of the construction of criminal compliance on the attribution of responsibility of unit crime mainly lies in whether the establishment of an effective system of compliance can prevent the unit from taking criminal responsibility or reduce the legal cause of its criminal responsibility.Therefore,it is necessary to optimize the relevant theory of unit crime in our country,and to reconstruct the basis of the imputation of unit crime with the support of the theory of organizational responsibility,by analyzing the contribution of the criminal enterprise compliance system to the prevention and control of the criminal legal risk,this paper probes into the difficult position faced by our country’s unit crime imputation in the introduction of the criminal compliance system,and according to the effective experience in foreign countries,combined with the reality of our country,this paper explores the construction of the non-prosecution system with conditions attached to the compliance of criminal enterprises,and provides the possibility of defense,crime and penalty reduction for the enterprises involved in the case,put forward to improve the criminal enterprise compliance unit guilty plea and prosecution suggestion system ideas,to promote our criminal enterprise compliance system to establish and improve.