Research On Criminal Compliance Of State-owned Commercial Banks

With the deepening of the modernization of national governance,the improvement and support of enterprise economic development and the participation of procuratorial organs in the transformation of social governance role,criminal compliance began to emerge gradually in China.States develop general crime prevention measures,making it difficult to develop and implement effective crime prevention measures for different types of enterprises.At present,the state-owned commercial banks corruption crime shows an increasing trend,the case time is long,the means are new,the supervision failure and many other criminal risks emerge endlessly.Therefore,it is particularly important to pay attention to the punishment of crimes by state-owned commercial banks to test whether they are effective in preventing and punishing crimes in the application of justice.By constructing the criminal compliance system and giving the enterprise criminal incentive in the conviction and sentencing,it is helpful to clarify the limits of the enterprise's criminal responsibility,solve the problem of lagging criminal regulation and insufficient external supervision under the existing criminal law framework,and promote the state and private consultation and cooperation in criminal governance.Based on the criminal judgment of state-owned commercial banks from 2015 to2019,this paper analyzes and finds that the crimes of state-owned commercial banks have the problem of incumruity in judicial application,and reveals the real dilemma of inconsistent judicial application standards,disputes over the application of the crime of illegal loan issuance,and the responsibility of units to carry out the punishment.It is believed that the plight of state-owned commercial banks in the application of justice is caused by the three aspects of entity,procedure and system.At the substantive level,the concept is not clear,the criteria are not uniform,the procedural level is improper criminal procedure,the protection of rights is not timely,and the institutional level is the formulation and implementation of criminal compliance policy is not scientific.Based on the reality of our country,it is considered that the criminal compliance system is constructed from three levels: entity,procedure and system.At the substantive level,to construct a rule system oriented by criminal compliance,we should clarify the judicial identification and application standards,adjust the punishment of unit crimes on the basis of changing the attribution of responsibility,affirm the criminal incentive effect of criminal compliance in the sentencing of convictions and sentences;On the other hand,we should practice the normalization of criminal compliance management,smooth the supervision mechanism of criminal compliance management,and form a criminal compliance mechanism of state-owned commercial banks.Through the construction of the trinity of criminal compliance system with Chinese characteristics from the entity,procedure and system,with a view to realizing the protection of state-owned assets,achieving social stability and development,and preventing and punishing unit crimes.