Research On The Construction Of Corporate Criminal Compliance System

With the comprehensive advancement of corporate compliance reform and the gradual deepening of corporate compliance theory research,the issue of compliance theory and practical disputes has emerged.For example,the separation of unit responsibility and individual liability,and the design of the system with non-conditional compliance in the Criminal Procedure Law.From the current theoretical research,more and more experts and scholars call for China to introduce a corporate criminal compliance system,and advocate the introduction of an extraterritorial non-prosecution system.However,the construction of China’s enterprise criminal compliance system must not only take transplantation of extraterritorial systems as a way out,when studying and solving the construction of China’s enterprise criminal compliance system,we must not only base on China’s reality,but also broaden the research horizon,and must combine China’s actual national conditions to build an enterprise criminal compliance system that conforms to the operation law of China’s market economy.Based on this,the general content of this study is divided into the following parts.The first part,the basic theory of criminal compliance,mainly introduces the meaning of criminal compliance,puts forward its own propositions according to the views of different scholars,and discusses the theoretical issues of the construction of corporate criminal compliance system from the perspectives of "corporate governance" and "criminal punishment function".The second part,the extraterritorial experience from the perspective of comparative law,China’s corporate criminal compliance system developed late compared with common law countries,this part mainly introduces the experience of the United States,the United Kingdom and Italy in the construction of corporate criminal compliance system and has been used as a reference for the construction of China’s corporate criminal compliance system.The third part,Case Analysis,selects three typical cases of corporate criminal compliance for interpretation,analyzes the problems existing in enterprises,and puts forward the thinking on the construction of corporate criminal compliance system.The fourth part,the development status and dilemma of the corporate criminal compliance system,summarizes the development status of China’s corporate criminal compliance system from the legislative level and judicial practice,and what difficulties exist in the development of China’s corporate criminal compliance system in the current environment.The fifth part,the specific path for the construction of the corporate criminal compliance system,mainly guides enterprises to establish a compliance system from the legislative improvement of the compliance legislation of unit crimes and the judicial system for the compliance of corporate crimes and institutional incentives.Through the study of the above issues,problem-oriented,in terms of substantive law,the content of the legislative provisions on unit crimes will be finely adjusted and some contents expanded;In terms of procedural law,the construction of the corporate criminal compliance system is activated through the conditional non-prosecution system and the plea system,and the feasibility of the deferred prosecution system is further explored,It is hoped to achieve the win-win goal of improving the national criminal punishment system for unit crimes and promoting the legal operation of enterprises.