Clarification of Substantive Law Liability Relationships in Enterprise Criminal Compliance System
From the legislative and practical experience at home and abroad,to grant lenient pun-ishment or apply non-prosecution to the enterprise involved in the crime is generally premised on the assumption of administrative and civil liabilities in the criminal compliance system.Therefore,the criminal compliance system is actually a comprehensive application of criminal liability,adminis-trative liability,and civil liability.To inspect the essence of these three types of legal responsibili-ties,administrative responsibility and civil responsibility have an impact on the liability penalty and preventive penalty of criminal responsibility in the criminal law science,while from the perspective of overall legal order,there can be a flexible space for reconciliation between administrative respon-sibility,civil responsibility,and criminal responsibility.This principle can provide sufficient substan-tive law basis for the application of the criminal compliance system.In practice,there is no need to specially amend the criminal law specifically to meet the requirements of the criminal compliance system.When determining the scope of cases,lenient punishment for the enterprises involved in crimes can be applied to all cases,including felony cases,and non-prosecution for the enterprises in-volved in crimes can only be applied to misdemeanor cases.Meanwhile,the reverse transformation of administrative liability and civil liability into criminal liability should be prevented in application.
Criminal ComplianceRemission of Criminal ResponsibilitySubstantive Law Liabil-ityRelationship Clarification
万方数据
维普
