Research On The Unification Of Criminal And Administrative Compliance For Corporations Involved In Criminal Cases

The essence of corporate compliance is to repair the infringed legal benefits through the construction of an effective compliance program,to improve the corporate governance system and governance model,and to cultivate a corporate culture of operating in accordance with the law,so as to avoid administrative enforcement or criminal penalties that would deal a devastating blow to the enterprise,such as administrative penalties like the deprivation of listing status,the banning of business licenses,or high fine penalties.Therefore,to study the issue of corporate compliance,it is necessary to conduct in-depth research on the two-way interface between administrative enforcement and criminal justice,with a view to providing solid legal doctrinal support for the long-term development of corporate compliance social governance and rule of law practice.The existing studies on the interface between criminal and criminal justice for corporate compliance are mostly based on the judicial practice of corporate compliance reform pilot,focusing on how to smooth the interface between criminal and administrative mechanisms in procedures,but failing to pay sufficient attention to the fact that the lack of substantive legislation is the fundamental reason why the interface between procedures is difficult to open effectively,thus the studies are superficial and the proposed countermeasures cannot play a decisive and essential role in supporting the two-way interface between criminal and administrative justice.This paper selects the reform of unitary crime provisions as a research perspective,precisely from a legislative theory perspective,for the construction of a two-way mechanism for the criminal-executive interface of corporate compliance,and proposes a targeted,fundamental response in substantive theory.The logic of compliance of the criminal-involved company is mainly embodied or can be described as that the company and other business organizations constitute a crime,and then the criminal-involved company is exempted through criminal compliance,and then the damage suffered by the company is compensated through the redesign of the company.As can be seen,criminal law compliance and institutional construction is based on the criterion of whether the company constitutes a crime,whereas the criterion previously proposed was the mode of attribution of responsibility for the company’s conduct.In view of this,the analysis of the legal nature of the company’s behavior should take the imputation model of the company’s behavior as the starting point of the study.The model of imputation of corporate crime answers the question of the conditions under which a legal person is guilty of a crime,which describes the relationship between a legal person and its internal natural members,and is the basis for determining whether the compliance system has room for existence in the legal system of a country.In conclusion,the positioning of corporate compliance is originally in the node of the criminal-execution interface,and the characteristics of administrative offenders of corporate crime determine the important position of the criminal-execution interface in corporate compliance.In practice,in order to ensure the effective operation of corporate compliance,it is necessary to smooth the system channel of criminal-execution interface,the adaptation and reform of China’s criminal law provisions on unit crime is the research fulcrum and willingness to solve the problem of criminal-execution interface.