Substantive Law Construction of Non-prosecution of Corporate Criminal Compliance in China
The current successful experience of China's corporate criminal compliance non-prosecution reform is worthy of recog-nition,but due to the lack of a clear substantive legal basis,it is difficult to truly become a formal institutional practice,and there are also problems that lead to inconsistent application of law.The basis for attribution of unit crimes is different from that of natural persons,and is more of a compliance responsibility.Compliance responsibility is the view of functional responsibility theo-ry,that is,emphasizing that enterprises take compliance plans as a way to bear responsibility in order to effectively prevent unit crimes in the future,which is a theoretical proposition that is more conducive to ensuring the high-quality development of compa-nies and enterprises and effectively realizing crime prevention,which also needs to be reflected in the amendment of the Criminal Law to achieve the consistency between corporate criminal compliance and non-prosecution with China's criminal law provisions.In this regard,the criminal law not only needs to strengthen the compliance responsibility of companies and enterprises,taking effective enterprise compliance as a non-criminal way to bear responsibility,adding the compliance responsibility of companies and enterprises to the unit crime clause,and distinguishing between prior and post-criminal compliance to stipulate different ways of realizing compliance liability,but also needs to add the unit sentencing system to give play to the complete incentive effect of the criminal law.
criminal compliancenon-prosecution of corporate criminal complianceunit crimefunctional responsibility theorycompliance responsibility
万方数据
维普
