Research On Criminal Liability Of Unit Crime Under The Background Of Enterprise Compliance

With the development of risk society and economic globalization,the severe situation of unit crime coexists with the increasing risk of unit crime.The determination of criminal responsibility of units in China is premised on the determination of individual criminal responsibility,and there is a lack of clear ideas for determining the relationship between the criminal responsibility of natural persons within the unit and the criminal responsibility of the unit,and the problem of limiting the applicable subject,ignoring the independent personality of the unit subject,and not conforming to the current actual situation.In order to find a better solution,domestic scholars and practitioners have begun to focus on corporate compliance,which provides the possibility of solving this problem.In practice,the Supreme People’s Procuratorate has also carried out pilot projects on corporate compliance reform,actively promoted the compliance reform work of enterprises involved in cases,and successively released typical cases of corporate compliance to guide enterprises to actively comply with them.The criminal background and criminal function of enterprise compliance are conducive to improving the theoretical framework and judicial practice of unit crime in China.Promote the transformation of the theoretical basis,criminal responsibility basis and criminal responsibility bearing of unit crimes,and make up for the status quo of identification.Since corporate compliance is still in the continuous exploration stage in China,it is facing some challenges in theoretical research,judicial practice and even system construction,and there are problems such as insufficient theoretical combination of corporate compliance and unit criminal liability,insufficient compliance motivation within enterprises in practice,and short compliance inspection period set by judicial authorities.Of course,new challenges also mean new opportunities.In the context of corporate compliance,in-depth theoretical research,update China’s theory of criminal liability for unit crimes,clarify the theory of organizational responsibility,make the content of compliance theory more suitable for Chinese soil,improve the rules and systems of criminal liability for unit crimes within the framework of China’s criminal legislation,ensure that enterprise compliance can better provide a good guarantee for criminal liability for unit crimes,so that enterprises can better comply with laws and regulations,effectively avoid illegal acts,and thus promote enterprise development and social stability.