Research on Substantive Incentive Path for Criminal Compliance
Criminal compliance is not the same as corporate compliance.In order to maximize the advantages of criminal compliance,it is necessary to offer a timely criminal law system guarantee.At present,there is no physical incentive for criminal compliance in China,and the legislation is yet to be supplemented.According to the difference of the degree of criminal compliance,the two-tiered incentive model sets up two levels of physical incentives,namely conviction incentive and sentencing incentive.In the first tier,the conviction incentive provides that"an entity that develops and implements an effective criminal compliance program may not be held criminally liable".In the second tier sentencing incentive,it is stipulated that"if the unit carries out effective criminal compliance governance,the penalty may be mitigated,reduced or waived".The establishment of supporting measures such as unit probation,unit recidivism,and unit practice prohibition will help further stimulate the willingness of enterprises to engage in criminal compliance.
criminal complianceentity incentivestwo-tier incentive system
NETL
NSTL
万方数据
