The Logic Of Constructing The Criminal Compliance System Of Enterprises

As the most important entity in the market economy,enterprises not only promote China’s economic development and technological innovation,but also play a significant role in increasing public employment,building a talent team,and expanding opening up to the outside world.But on the other side of its rapid development,many problems have gradually emerged: the crime rate of enterprises as the main unit has been increasing year by year,and the criminal behavior is complex and hidden.In order to build a good business environment and increase criminal protection for Chinese enterprises,the local improvement of the criminal compliance system has become a key focus of China’s current reform.The criminal compliance system is an internal control system for preventing and evading corporate criminal behavior,which is conducive to reducing the punitive nature of corporate criminal activities.The development of China’s criminal compliance system is driven by both internal and external factors,which is the internal driving force for the construction of China’s criminal compliance system.This article provides a new interpretation of the criminal compliance system from an economic perspective,and uses transaction cost theory to conduct a rational analysis of the system:Enterprises identify,analyze,and evaluate the potential risks of transactions by constructing a criminal risk identification system.This is not only conducive to protecting the stable execution of contracts between both parties,reducing the information costs of various enterprises,but also beneficial for the authorities to understand the trading market information and achieve macroeconomic regulation of market trading entities;Enterprises can use the "whistle blower" reporting mechanism to achieve clearer and clearer internal control systems for the management of enterprises and employees.Investigating and punishing the reported content in advance can to some extent sever employees’ personal illegal behavior from the enterprise and prevent the enterprise from falling into criminal offenses.The progress of criminal investigation by power organs can also be achieved through the content obtained through the reporting mechanism,and the concerted crackdown on criminal behavior by both parties has to some extent reduced the negotiation costs of both parties;Adopting a compliant non prosecution system can provide certain protection for the property of the involved enterprise,provide support for the normal production and operation of the enterprise,and is conducive to the continuous operation of the enterprise.Case handling agencies can also effectively shorten the case handling cycle,improve case handling efficiency,and reduce the execution costs of enterprises and power agencies.By clarifying the reduction of information costs,negotiation costs,and execution costs between the state and enterprises,we can further clarify the construction logic of the criminal compliance system and provide a legitimate path for the construction of the criminal compliance system.