On the Institutional Value of Criminal Compliance and the Path to Its Realization
Through an examination of institutional history,it is easy to see that the criminal compliance system comprises three dimensions of value:the efficiency value as an immediate end,the preventive value as an ultimate end,and the retributive value realized through alternative punishments.Taking these three dimensions of institutional value as a clue,it is not difficult to find by analyzing the pilot reform of criminal compliance of involved enterprises in China that the preventive value has suffered multiple depreciation due to"extensive non-prosecution","special compliance"and"formalization of the compliance supervision and inspection",while the efficiency value with self-reporting as a core tool has not been given due attention,and the alternative punishments have been severely weakened.According to the institutional reality of China,it is appropriate in the future to emphasize the preventive value of the criminal compliance system,and not to neglect the efficiency value and the retributive value achieved through alternative punishments.In order to enhance the preventive value of the system,it is necessary to be wary of the excessive leniency in the penalties imposed on involved enterprises and individuals and the formalization of compliance-oriented rectification;in order to enhance the efficiency value of the system,it is imperative to regard the admission of guilty and the acceptance of punishments as a prerequisite for the application of the system,while enhancing the significance of self-reporting in the selection of procedures;in order to strengthen the retributive value of the system,it is imperative to keep the mechanism of mutual recognition of compliance within the appropriate scope if it should be recognized.
万方数据
维普
