Determining the Boundaries between Obligatory and Optional Compliance Modifications in Enterprises Involved in Litigation——An Integrated View of Public and Private Law Interplay
The indeterminacy of the application between specific and comprehensive compliance, along with the conflicts between judicial oversight and corporate self-governance, both exemplify the inherent ambiguity of the boundaries in the compliance modifications for companies implicated in legal cases. To strike a balance between corporate compliance and autonomy, it is necessary to take an integrated perspective of public and private legal norms to demarcate these boundaries. The jurisprudential basis for defining these boundaries lies in the theoretical domain of implicated corporate compliance and the legally-defined framework of corporate self-governance. It should be clarified that the allocation of corporate governance, the scope of business operations, and the establishment of corporate self-governance norms should be considered as optional elements in the compliance modification process for companies involved in legal cases. This affords these companies the right to contest these matters.
corporate compliancecorporate autonomyboundary determinationoptional elements
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