From Criminalization to Decriminaliztion:The Interplay between the Principle of Corporate Criminal Liability and the System of Criminal Compliance in China
Since the inclusion of a dedicated chapter on corporate crimes in the Criminal Law in 1997,the scope of corporate criminality has been continuously expanded through subsequent amendments,forming a relatively comprehensive network against crimes.Corporate crime and criminal compliance are two sides of the same coin concerning corporate wrongdoing and responsibility.The principle of corporate criminal liability and the system of criminal compliance are intrinsically intertwined.The system of corporate criminal compliance extends and deepens the principle of corporate criminal liability,serving as a responsive mechanism that shifts from post-sanction to proactive prevention.By adopting the theory of organizational liability,it is established that corporate crime is the crime of the enterprise itself,and the corporation,its senior executives,and individuals with direct responsibility are held accountable based on different principles of liability.This approach not only provides a theoretical basis for justifying the prosecution of corporate crimes but also seeks a substantive legal path for corporations to alleviate their liability through criminal compliance.Effective development of corporate criminal compliance requires moving away from solely relying on severe sanctions to address corporate crimes.Instead,it advocates for concepts and measures,including the combination of external incentives and deterrence,internal self-vigilance and self-monitoring.This shift promotes a regulatory perspective on corporate crime,transitioning from post-regulation to mid-process supervision and proactive prevention.
corporate crimecriminal complianceprinciple of liabilitytheory of organizational liability
NETL
NSTL
万方数据
维普
