Study on the Ten Issues in the Court's Participation Concerning the Criminal Compliance Reform of the Enterprises Involved
The involvement of courts in criminal compliance reform of involved enterprises is an inevitable trend.Exploring reforms under conditions of insufficient theoretical preparation and systemic absence presents undeniable challenges and confusions,with the judges'passive attitude when engaging in this work serving as clear evidence.How the court participates in the compliance reform of involved enterprises is indeed a problem worth discussing.The key issues include the theoretical foundation for court participation,the realization of judicial functions,the determination of the period for compliance review,the scope of cases applicable for compliance review and the stages of litigation it applies to,the discretion in leniency,the evidentiary nature of inspection reports,how the court provides rights remedies to enterprises and their responsible persons denied for compliance review,the application of criminal law in court judgments on compliance,the establishment of a fault tolerance mechanism,and the necessity for the Supreme People's Court to issue guiding cases.Exploring these issues can provide theoretical support and reference for court participation in the compliance reform of involved enterprises.
courtneutralitycriminal compliancemodification of criminal procedure lawperfect procedure
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