The Connection Between Supervision and Inspection in the Criminal Compliance of Enterprise Duty Crimes
The criminal compliance of enterprise-involved duty crimes in China's reform practice has achieved little due to the poor coordination between public authorities.The implementation of criminal compliance for duty crimes presupposes that the supervisory authority transfers the case to the procuratorial authority after the investigation is completed.However,limited compliance investigation periods and the decriminalization of supervisory measures for duty crimes hinder the procuratorial authority's subsequent exercise of criminal compliance functions.Based on the theory of legal supervision and the reparability of legal interests in organizational responsibility,there is corresponding legal support for the supervision and inspection linkage of criminal compliance for enterprise-involved duty crimes.Building on the Third-Party Opinions,which affirm the supervisory authority's advisory role in applying a third-party assessment mechanism to companies suspected of bribery,the supervisory authority's authority to participate in criminal compliance for duty crimes can be further extended.Additionally,clarifying the procedural involvement of the procuratorial authority can promote the establishment of compliant third-party assessment mechanisms by involved enterprises,thereby achieving effective governance of duty crimes.
duty-related crimescriminal compliancesupervision and inspection linkagelinkage paths
万方数据
维普
