A Study On The Coupling Between Corporate Criminal Compliance And Corporate Criminal Liabilit

In the context of globalization and risk society,criminal law interventions are early and dynamic,and the criminal circle is constantly expanding.The purpose of criminal law legislation begins to focus on crime prevention and social risk control.The traditional method of criminal law shows the powerless side of the regulation of unit crime.As early as the 1980 s,our criminal law regarded the unit as the subject of crime and recognized the existence of unit crime.However,since the purpose of this criminal law is to punish natural persons,the determination of the criminal responsibility of the unit is mainly based on the determination of the individual criminal responsibility.At present,the criminal risks encountered by Chinese enterprises operating at home and abroad are increasing,which makes domestic scholars and practitioners gradually realize the importance of criminal compliance.In particular,due to the deviation of the criminal responsibility theory of unit crime in my country and the way of punishment on the regulation of unit crime,the main focus is on "punishing" rather than "preventing" unit crime,and it is difficult to deal with the diversification of modern enterprises in the form of economic globalization.crime trends.Judging from the judicial practice in the application of compliance systems in non-territorial countries,the interaction between the corporate compliance plan and the unit’s criminal liability mainly focuses on the impact of the compliance plan on the unit’s criminal liability,that is,the unit has formulated a complete and can effectively implement compliance Whether the plan has an impact on the criminal unit’s assumption of criminal responsibility,what impact it will have,and the legitimate basis or internal reasons behind it.In general,criminal compliance construction has its unique and unique advantages in effectively dealing with the insufficiency or defects of criminal liability of Chinese units,and it is expected to become a magic weapon for the governance of unit crime.However,the construction of criminal compliance in my country is still in the initial stage of exploration,and there are still many deficiencies in the development.Based on China’s national conditions,actively drawing on foreign experience,analyzing the substantial relationship between corporate compliance construction and unit criminal liability,and clarifying the specific aspects and main dimensions of corporate compliance construction affecting unit criminal liability,it has its theoretical and practical value.This paper mainly focuses on the following aspects:The first chapter "criminal compliance affects the specific performance of the unit’s criminal responsibility".The implementation of an effective criminal compliance system by a unit can be the reason for the reduction or exemption of the unit’s criminal responsibility,which is embodied in the exclusion of the illegality of the unit’s crime,the prevention of the responsibility of the unit’s crime,and the promotion of the reduction of the unit’s criminal penalty.On the one hand,it uses the theory of restoration of legal interests and the theory of normative violations to discuss,and resolves the shortcomings of the current theory of unit criminal responsibility in our country.On the other hand,the risk society emphasizes the general purpose of criminal prevention,but on the basis of the existing theory,the unit criminal responsibility system has been unable to realize the effective regulation of unit crime through prevention.The criminal compliance system can reduce the possibility of censure of a unit’s crime,replace the penalty with the compliance construction part,and force the unit to improve its internal governance,thereby preventing the occurrence of crime.Chapter 2 "Criminal Compliance Affects the Reasons for the Unit’s Criminal Responsibility".Starting from the content and mode of unit crime imputation,the core points of the unit crime imputation model are extracted as follows: the distinction between unit crime and natural person crime,the balance between unit criminal responsibility in criminal law and administrative responsibility in administrative law,and unit subjective The question of determination of will.Although criminal compliance has its rationality as a system for "unbinding" a unit,it is not a wise move to rashly change my country’s unit crime accountability model in order to develop a criminal compliance system.Therefore,it is only by clarifying the point of convergence between the principle of the unit’s crime imputation and criminal compliance,and clarifying the reasons why the unit bears criminal responsibility for its internal members,and the conditions for the internal members of the unit to bear the responsibility for the crime committed by the unit itself.The localized growth of the compliance system provides power support.The third chapter is "Optimization and Remodeling of Unit Crime Imputation Model".In view of the fact that there are already strict accountability standards for unit crimes in my country,the introduction of a criminal compliance system should be cautious.Starting from the original accountability model for unit crimes in my country,it is determined that the "will of the unit" should not be mediated by the agent’s behavior,but should be based on the compliance system to build an "organizational responsibility model".On the premise of in-depth study of the theory of compliance system,establish a corporate compliance system suitable for my country’s national conditions,innovate the accountability model for unit crimes,and clarify the identification of "unit will" by accurately distinguishing the division of responsibility between units and natural persons in unit crimes.,and improve the subjective attribution elements of the unit with the criminal compliance system,and further enhance the theoretical basis for preventing the crime of the unit.At the same time,criminal compliance is set as the duty of care that the unit should undertake,and the punishment standard for criminal imputation of unit crime in my country is further improved,so as to promote the transformation of the unit governance method.Chapter 4 "Solutions for Promoting Enterprise Compliance Construction from the Perspective of Substantive Law".Compared with discussing the construction of criminal compliance system at the procedural law level,it is also necessary to build a system of substantive rules for corporate criminal compliance.First,the establishment of a criminal compliance system should take into account administrative law,combine administrative sanctions or civil sanctions within an appropriate framework,and use the existing provisions on unit punishment in other legal norms to improve the shortcomings of criminal law.Secondly,there are units of different sizes in my country,and it is difficult to comprehensively regulate criminal compliance.Therefore,it is necessary to pay attention to the internal structure of different units and adopt different compliance regulation models.Finally,although criminal compliance can affect the range of sentencing for unit crimes,it is still necessary to distinguish the compliance system before and after the crime.In addition,before the establishment of a criminal compliance system in our country,the internal rules and regulations of the unit are undoubtedly an important consideration.At the same time,the construction of criminal compliance must be avoided as an aggravating cause,and should only be used as a sentencing incentive mechanism for criminal units..Through the above research and analysis,criminal compliance plays a vital role in improving the current unit accountability model,and it is necessary to build a good criminal compliance system based on unit criminal compliance in specific practice.Targeted unit policy in order to effectively prevent and accurately deal with unit crime.