The reform of enterprise compliance in procedural law cannot be separated from the incentive of substantive law.The current enterprise crime responsibility model and penalty system have many violations to the construction of enterprise compliance system.On the basis of the theory of organizational responsibility,it is necessary to clarify the defense function of compliance plan to criminal responsibility and the theoretical basis of penalty discretion.In terms of criminal responsibility,we should improve the identification of intentional crime,prudently set up the compliance obligation of enterprises,take pre-compliance as the defense and fully implement the double punishment system.In the penalty system,we should take the post-compliance as the statutory sentencing circumstances,add the enterprise qualification penalty and enterprise probation system.
enterprise complianceenterprise crimetheory of organizational responsibilitycriminal legislation
NETL
NSTL
万方数据
