Research On Criminal Compliance In Enterprise Management

With the gradual deepening of the market economy into the track of the rule of law,on the one hand,it is conducive to guaranteeing good economic and social order and maintaining fairness and justice in the economic society;on the other hand,for business operators,they must consciously operate according to the law to achieve stability.Traditional methods of ex post punishment are difficult to effectively prevent and control corporate crimes.In order to achieve regulation of corporate illegal acts,improve measures to prevent corporate crimes,and establish an effective criminal compliance system has become an important method for corporate governance in western companies.The company's criminal compliance system aims to effectively prevent and control enterprises by urging enterprises to establish an effective criminal compliance system,standardize the company's daily business activities,reduce corporate crime,and achieve the goal of combining internal compliance with external criminal laws and regulations.Criminal risk in business.Corporate criminal compliance takes the prevention and control of corporate criminal legal risks as the basic priority,and at the same time has the function of promoting corporate social responsibility.Corporate criminal compliance is in its infancy in China,and it draws on foreign corporate criminal compliance systems to construct criminal compliance systems that are applicable to Chinese enterprises from the aspects of corporate criminal risk investigation,prevention and control.Corporate criminal compliance is to avoid criminal legal risks that may arise in the operation of an enterprise.It belongs to the same category as corporate civil compliance and corporate administrative compliance,and is an important part of corporate compliance.To a certain extent,criminal legal risks in business operations are more urgent and severe than civil and administrative legal risks.Otherwise,a little carelessness will have a devastating effect on the enterprise.With the ZTE incident,we have realized the importance of corporate compliance in the international market.At the same time,for the non-public enterprises in our country,in the course of their operations,family-style business methods are common.The legal representative ofthe enterprise is punished by criminal punishment.In the case of insufficient criminal capacity of the alternative liability handling unit,the enterprise is likely to suffer a devastating blow.Criminal compliance recognizes the unit organization as a unique subject of crime,conducts separate evaluations of unit crimes,changes the concept and conditions of liability for unit crimes,increases the punishment of unit members,and makes unit crime prevention measures come to life.This thesis is divided into four parts:The first part mainly introduces the basic content and theoretical basis of criminal compliance of enterprises.Through the analysis of the connotation and significance of criminal compliance by domestic scholars,combined with the "Federal Sentencing Organization Rules of the United States",the content of this system should be analyzed from seven aspects,and its legal basis is explored to construct a criminal compliance system.Provide theoretical support.The second part examines the design of the criminal law system for criminal compliance systems of foreign companies.The establishment of criminal compliance is taken as a positive defense reason,which is reflected in the reduction or exemption of penalties;this has led to the investigation of three aspects,including the shift from strict liability to alternative liability and changes in traditional theories of liability.In order to achieve the effect of encouraging or motivating enterprises to establish a criminal compliance system,and ultimately reducing the criminal risk in the operation of the enterprise,both the society and the enterprise can benefit.The third part analyzes the necessity of introducing the criminal compliance system in the process of Chinese enterprises.Taking the ZTE incident as an example,it analyzes the significance of criminal compliance in the management of Chinese enterprises.From the lack of awareness of criminal risk aversion in the operation of Chinese enterprises,the insufficient protection of non-public property in legislation,and the requirements of the Chinese government to optimize the business environment at this stage,the necessity of the introduction of corporate criminal compliance is demonstrated.The fourth part,the corporate criminal compliance system is incorporated intothe design of China's criminal legal system.Criminal compliance is regarded as the legally determined punishment of the person in charge of the enterprise and the executive.The unit is subject to conditions for non-prosecution,equal protection of private enterprises,and the improvement of the penal system for unit crime.The construction put forward some targeted and practical suggestions.