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Research On The Legal Dilemma And Countermeasures Of Criminal Compliance In Chinese Corporate

Posted on:2022-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:M E LiFull Text:PDF
GTID:2556306848999289Subject:legal
Abstract/Summary:PDF Full Text Request
The corporate criminal compliance takes prevention and control of corporate criminal legal risks as its basic connotation,and reduces corporate criminal risks as the basic function.At the same time,it also has the expansion function of promoting enterprises to reasonably assume social responsibilities.In the new economic,social,and political context,the establishment of a systematic corporate criminal compliance system will become a key link in the survival and development of enterprises.Although our country has carried out relevant pilot work on corporate criminal compliance,but because of the lack of incentive mechanism of criminal compliance systems,for example,criminal compliance has not yet become the statutory basis for procuratorial organs not to prosecute,criminal compliance has not yet become a criminal circumstance of the law,and prosecution is suspended.The agreement system has not been introduced into criminal proceedings,resulting in companies lacking a strong will to establish an effective compliance plan.This article first describes the benefits of implementing the system from the function of corporate criminal compliance.Aiming at the current status of corporate criminal compliance in our country,based on the relevant experience outside the territory,it is proposed that high-level corporate criminal compliance laws and regulations should be promulgated.To improve the unit crime system under my country’s corporate criminal compliance,establish a diversified corporate criminal punishment model,incorporate criminal compliance into the law’s sentencing circumstance,and improve the conditional non-prosecution system for corporate crimes,so as to create a sound for the healthy and sustainable development of Chinese companies legal environment.
Keywords/Search Tags:Corporate crime, Corporate criminal compliance, Criminal incentive mechanism
PDF Full Text Request
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