Reflection and Prospects on the Criminal Doctrinal Study of Reform Practices in Corporate Compliance for Involved Enterprises
In recent years,with the promotion of the Supreme People's Procuratorate and the continuous exploration and innova-tion by pilot grassroots procuratorates,China's corporate compliance reform has achieved remarkable results.By analyzing typical ca-ses of corporate compliance in China,it can be observed that compliance measures are widely applicable to enterprises of all sizes,ranging from large to small,and to cases involving both minor and serious crimes,demonstrating localized initiatives.However,it also reveals the problem that non-prosecution of compliance violations contradicts the fundamental principles of criminal law and jeop-ardizes the rule of law in criminal justice.In the context of the judicial reform that emphasizes the centrality of trials and requires the active participation of courts in criminal compliance of enterprises,it is necessary to establish the legitimacy of corporate compliance as a criminal incentive measure based on the doctrinal study of criminal law.At this point,it is crucial to treat the handling of compli-ance cases as a methodological issue and develop corresponding theories on corporate criminality.On this basis,the basis for the dec-iminaliztion of corporate compliance is treated as an ontological subject,and the mechanism by which it prevents the establishment of a crime is clarified.
corporate compliancetypical casescriminal doctrinal studyfundamental principles of criminal lawlegitimacy basis
NETL
NSTL
万方数据
维普
