The Institutional Logic Of Enterprise Criminal Compliance Construction

Corporate compliance is a system to prevent and mitigate corporate crime.Among them,enterprise criminal compliance is a system that enterprises need to follow to prevent and mitigate criminal crimes.The establishment of corporate compliance can reduce corporate responsibility and protect the property and survival of the enterprise to the greatest extent.Among them,the establishment of the criminal compliance system can prevent the criminal risks of enterprises;After the occurrence of a criminal crime,criminal responsibility may also be reduced or exempted to protect the normal production and business order of the enterprise.At the same time,the establishment of enterprise criminal compliance system can also help enterprises adapt to the foreign economic environment as soon as possible and protect themselves when they go abroad.With the globalization of economy,enterprises are facing higher and higher criminal risks.Chinese scholars have a high degree of sensitivity.More than a decade ago,there were studies on the enterprise criminal compliance system,but there was no large-scale trend.The sanctions encountered by ZTE and Huawei have become the starting point for China’s large-scale study of the criminal compliance system.At present,the academic circles in China have not formed a unified conclusion on the criminal compliance of enterprises,and have not incorporated it into the law.However,the academic circles have still conducted in-depth research and beneficial exploration on the enterprise criminal compliance system.This article is to sort out and study the enterprise criminal compliance system from the perspective of system.Institution is a kind of stable social interaction relationship,and the subject adjusts and evolves under the framework of institution.Starting from the system concept,the criminal compliance system should have the concept of prevention,cooperation and sustainable development;Starting from the system rules,the construction of the criminal compliance system starts from three different aspects: before,during and after the event;Starting from the institutional structure,it is necessary to clarify the role orientation of the compliance agency and the person in charge of the compliance agency;Starting from the system function,understand the incentive function of substantive law and procedural law to the criminal compliance system.Finally,it evaluates the system after the construction of enterprise criminal compliance,discusses the effectiveness standards of criminal compliance system of different enterprise types and scales,and discusses the feasibility of the implementation of enterprise criminal compliance system in China.