Theoretical Clarification and Practical Exploration of the Impact of Corporate Compliance on Organizational Criminal Responsibility
In the current practice of corporate compliance in China,there are issues regarding the statutory nature of corporate crimes and its breakthrough,as well as unclear standards for handling responsibilities between organizations and individuals within.This paper discusses the preventive value of compliance from the perspective of compliance criminology and proposes breaking through the limitations imposed by substantive criminal law on corporate crimes,as well as defining the scope of corporate crimes within the framework of integrated illegal activities.Based on the unity of legal order,this paper provides a substantive definition of"corporate crime".Regarding the relationship between compliance and corporate criminal responsibility,this paper analyzes the ac-companying rewards policy of compliance from the perspectives of criminal procedural efficiency and the effectiveness of criminal law.It proposes a theoretical basis for the alignment of compliance and corporate criminal responsibility,rejects the notion of holding corporations criminally responsible solely based on compliance obligations,and analyzes the impact of compliance on corporate crimi-nal responsibility from a preventive perspective.It suggests that compliance does not establish or negate criminal responsibility but rather serves as a methodological implementation of the determination of criminal responsibility for traditional corporate crimes.The rewards of compliance essentially reflect the leniency of criminal policies influenced by the inherent"cooperative"enforcement and judicial efficiency.Regarding the individual responsibilities within the organization in cases of corporate crimes,this paper presents special requirements for holding"senior personnel"accountable based on compliance construction and the assessment of compliance effectiveness,emphasizing the strict judgment of criminal responsibility for corporate senior executives.
NETL
NSTL
万方数据
维普
