The Construction of Probation System in Our Country under the View of Criminal Compliance
The Amendment to the Criminal Law(12)strengthens the protection of the legal rights and interests of non-state-owned private enterprises,which lays a foundation for the construction of probation system.As the same subject of criminal responsibility as the natural person,the unit crime naturally applies the probation system.On the basis of the principle of legally prescribed punishment for a specified crime,the construction of probation system can expand the scope of the incentive of compliance and extend the inspection period of compliance,so as to promote the development of enterprise criminal compliance.The construction of the current probation system is based on the natural person as the subject of criminal responsibility,and it is incompatible with the principles and standards of probation on the basis of criminal compliance.Based on the particularity of compliance incentives and the existing inspection standards,to achieve a special unit to prevent conflicts,it is necessary to set up a separate system of probation.In view of the present theoretical predicament,the construction of the system of probation should be based on the premise of strictly distinguishing the criminal responsibility of the unit and the natural person in the unit crime,and adhere to the special prevention aim of the combination of probation and criminal compliance,and introduce the concept of restorative justice.In the current system of probation,it is necessary to establish the precondition and standard of probation independent of the natural person in order to realize the application of probation.
unit crimeprobation systemcriminal compliancespecial prevention
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