Localization Of Corporate Criminal Compliance System

Enterprise criminal compliance means that enterprises consciously build a compliance system and guide themselves to operate in accordance with the law,so as to obtain the affirmation of criminal laws,and enterprises can exchange for the reduction of criminal responsibility.The compliance system embodies the idea of self-control,but it is different from pure corporate self-management in the sense of criminal responsibility.As part of the criminal system,the corporate criminal compliance system is linked to criminal liability,incentivizing companies to strengthen internal management and prevent corporate crime.Since the United States,other countries have also started corporate criminal compliance legislation and judicial practice.The important subject of the development of the socialist market economy is the enterprise,for which the criminal risk has a significant impact on the operation and management of the enterprise.Severe criminal punishment will make enterprises face heavy losses in economic and social public opinion.At present,China’s policy orientation is to ensure the development of private enterprises,the self-management of enterprises under the corporate criminal compliance system is consistent with the policy orientation,providing assistance for the implementation of policies to protect private enterprises.Businesses suffered severe damage,there is no possibility of "resurrection",which is detrimental to the stable and healthy development of the economy and society.A good business environment requires stable and long-term development of enterprises,and the establishment of a corporate criminal compliance system is very necessary.As an imported product,there are still problems in how to build the system in China and integrate with China’s legal system,the process of system exploration and establishment is bound to produce the problem of differences between Chinese and foreign systems,and the transformation of the Western corporate criminal compliance system into China’s judicial system is a problem to continue to think about in the future.Although China has not yet established a clear corporate criminal compliance system,in practice,it has begun to start pilot work on corporate criminal compliance in dozens of grass-roots procuratorates across the country.Through a comparative study of the practice of criminal compliance of enterprises outside the region,the construction of this system in China should try to reconstruct the attribution system for unit crimes,explore the construction of a compliance non-prosecution system in criminal procedure,carry out lenient treatment in all aspects of litigation,establish a third-party supervision and evaluation mechanism for enterprise criminal compliance,and implement the effective implementation of criminal compliance plans.