The Chinese Expoloration of Corporate Compliance:Reflections from a Perspective of Participants Involved in Criminal Cases
The reform of corporate-involved-in-criminal-case compliance fails in providing clear guidance for com-pliance management.Establishing a compliance system as the procuratorate required is the condition to re-ceive leniency in the criminal proceeding.Participants involved in criminal cases cannot secure independent defense and they only provide limited assistance to the ascertaining of the truth.Anticipated incentive and ef-ficiency have not been achieved while the fairness of criminal justice is faling public skepticism.The corpo-rate criminal compliance whose central stage is the establishment of compliance system after crimes have been reported,has been anchored as a procedure to justify leniency.A preventative compliance list cannot be generated by criminal proceedings which focus on infringements of legal interests by corporate crimes.In the one-way administrative-criminal convergence model,assistance of participants is restricted.Participative re-gime shall be improved to promote the reform of corporate-involved-in-criminal-case compliance.In the process,three elements are indispensable:procedural restraints of compliance as a lenient factor,judicial tests on compliance defense against criminal liabilities,and criminal liabilities for violating administrative compliance obligations.
Criminal ComplianceNon-prosecution in Corporate ComplianceCompliance IncentiveCompliance DefenseAdministrative-criminal Convergence
NETL
NSTL
万方数据
维普
