On The Construction Of Corporate Criminal Compliance System In My Country

The corporate criminal compliance system originated in the United States and has since been recognized by many mainstream countries,becoming an important feature of the development of global criminal law in recent years.The ZTE incident is of great significance to the development of China's criminal compliance.After ZTE paid a fine of US$890 million,the US Department of Commerce's US$300 million fine was suspended.This part of the fine will be based on ZTE's compliance of the agreement,the results of continuous compliance supervision and audit in the next 7 years.The incident made ZTE Corporation the largest Chinese overseas company that was fined the largest amount of fines for violating the US export control regulations.It also attracted the attention of the academic and practical circles to the criminal compliance system.The criminal compliance system first originated in Anglo-American law countries.Because it fits the value orientation of pragmatism,coupled with the flexibility of the case law itself,there is not much controversy in the creation and application of the system.However,as an imported product,there are problems in how to construct similar institutional arrangements in our country and how to integrate with our legal system.There are different opinions in the academic circles as to whether and how to build a corporate criminal compliance system;in terms of practice,since China does not have a criminal compliance system and traditionally adopts a strong supervision model for companies,the current compliance practices mainly concentrate on compliance operations under administrative supervision.Through combing,analyzing and criticizing the existing different theoretical viewpoints,this article further demonstrates the supported viewpoints.It is believed that the theoretical basis of the corporate criminal compliance system includes general active prevention theory,and the transformation of the theory of unit criminal responsibility imputation.Starting from its theoretical basis,it is believed that it is necessary and feasible for my country to construct a criminal compliance system that conforms to its own crime governance.Regarding the specific construction of the criminal compliance system,this article proposes to establish the principles of the criminal compliance system in the general principles of the criminal law,explore the establishment of a unit's conditional non-prosecution system in the criminal procedure,take mild coercive measures in these cases,and establish a criminal compliance system with law firms as the review subject Plan effectiveness review mechanism.