Individual or Enterprise:Selection of Incentive Objects for Enterprise Administrative Compliance
In the compliance of enterprises involved in cases,who can become the beneficiary of administrative compl i-ance is one of the important issues in the current layout of administrative compliance systems,and it is also a key is-sue in controlling administrative compliance discretion.In this regard,current theories and practices tend to have a broad understanding of the concept and connotation of enterprise administrative compliance,confusing the relation-ship between administrative compliance and administrative law enforcement settlement.Therefore,they tend to ex-pand their understanding of incentive targets like criminal compliance,forming the mainstream practice of"double non punishment".Fundamentally,this approach deviates from the institutional framework of corporate administra-tive compliance and ignores the conceptual independence of corporate administrative compliance,which should be adjusted.In compliance practice,the basic principle of"letting go of enterprises and severely punishing responsible persons"should be adhered to,and only large enterprises with the need for"differentiated responsibility"should be incentivized.It is also necessary to establish a"dual punishment system"for the illegal behavior of the enterprise in legislation.This rule not only conforms to the original intention of enterprise administrative compliance,but also minimizes the impact of enterprise administrative compliance on traditional legal administration concepts to the greatest extent possible.
万方数据
维普
