Research On Corporate Crime Criminal Governance From The Perspective Of Compliance

The institutional advantages of criminal compliance in enterprise criminal risk prevention have attracted many countries to follow suit.After the ZTE incident,China’s criminal law academic circles set off a "research upsurge of compliance theory",and the country began to realize the importance of establishing a criminal compliance system.In April 2022,China launched compliance reform throughout the country.The national implementation of criminal compliance will inevitably affect the responsibility connotation of enterprise crime in criminal law.Therefore,it is necessary to improve the relevant theoretical research of enterprise crime from the perspective of compliance,in order to better promote the connection between criminal compliance system and criminal law.Through the analysis of the compliance plan,this paper concludes that the compliance plan has the criminal value of affecting the sentencing and conviction of enterprise crimes.Through the exploration of China’s criminal compliance system,this paper analyzes the value of compliance plan in the process of criminal governance of enterprise crime: first,it is the cause of crime as a compliance defense;Second,as an incentive mechanism for non prosecution of the enterprises involved in the crime;Third,as an incentive mechanism for the mitigation of sentencing of guilty enterprises.First,in terms of compliance defense,the author analyzes the defects of the traditional imputation model of unit crime,and empirically demonstrates that the criminal compliance system can solve the problem of determination of the will of unit crime and provide the possibility of dividing corporate responsibility and personal responsibility with the "Nestle case".The traditional defense plan does not provide enough space for the crime imputation.Considering the disadvantages of the traditional imputation model and the development of the extraterritorial legal person crime imputation model,the author suggests to establish a dual imputation model guided by the independent will theory.Second,the compliance plan serves as an incentive mechanism for non prosecution.The author analyzes the applicable procuratorial suggestion mode and conditional non prosecution mode in the pilot,deeply understands the advantages and disadvantages of these two modes,suggests the construction of enterprise conditional non prosecution system,and puts forward optimization schemes for the problems existing in the conditional non prosecution mode in the pilot,such as investigation period,compliance supervision and so on.Third,the compliance plan serves as an incentive mechanism for light and deferred sentencing.Through the case analysis of compliance commutation,the author summarizes the problems existing in the compliance commutation mode,such as the lack of legal basis for compliance commutation,the virtual existence of procuratorial suggestions and so on,and puts forward the optimization scheme.