Criminal Compliance Legislative Model:Its Relationship with the Leniency System of Confession and Punishment
Whether the legislative model of criminal compliance should adopt a combined form with the leniency system of confession and punishment,or an independent form that allows the construction of special procedures for criminal compliance,has become a frontier topic both in the current academic research and practice.The overlapping between criminal compliance and the leniency system of confession and punishment provides a possible space for legislation to establish a combined model with the leniency system of confession and punishment.However,the limitations of legislative technology,the conflict of imputation principles and the deviation of development trend make the combination unable to give full play to the value of criminal compliance,so it is denied.The spillover between the two makes the independent legislative model of constructing special procedures for criminal compliance advocated.The construction of special procedures for criminal compliance should consider the realistic factors,including the imputation model of the theory of responsibility,the fragmented centralized legislative technology and the mitigation approach.At the same time,in view of the relationship between criminal compliance and the leniency system of confession and punishment,it is suggested that the connection from criminal compliance to the leniency system of confession and punishment should be based on the theory of unit responsibility while the connection from the leniency system of confession and punishment to criminal compliance should be based on the theory of personal responsibility.
corporate compliancecriminal compliancethe leniency system of confession and punishmenta combined modelan independent model
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