The Reconstruction Of Unit Crime Theory From The Perspective Of Criminal Compliance

Criminal compliance is an internal control system in which the entity or enterprise takes the initiative to adopt internal control and prevention mechanism to restrain the criminal legal risks of its organization itself and its internal members.As an imported product,criminal compliance originally originated from European and American legal countries.Since the criminal compliance system was introduced into China at the beginning of this century,many experts in the field of criminal law have discussed the theory of unit crime.The emergence of China’s unit crime After the reform and opening up to the rise of smuggling crime,in 1987 "the Customs Law of the People’s Republic of China" for the first time to the unit as the subject of smuggling crime,thus giving birth to the concept of unit crime.From the perspective of the legislative process,the scope of crime involved in unit crime continues to expand,and the intensity of punishment continues to strengthen.However,the number of unit crime cases has increased instead of decreasing,and even the growth of the number of cases has far exceeded the growth of the expansion of the scope of unit crime,and the situation of unit crime has become increasingly severe.On the one hand,the traditional governance strategy of the unit crime lies in the negative prevention,on the other hand,it lies in the limitation of the concept of responsibility of the unit crime,especially the dispute on the basis of responsibility identification of the unit crime.The introduction of criminal compliance system into unit crime theory can clarify the difference between unit will and individual will in unit crime,strengthen the legitimacy of unit crime imputation theory,and complete the reconstruction of unit crime concept entity from subjective and objective aspects.In the aspect of criminal punishment,through the investigation of the internal criminal compliance system of the unit,as the basis for the judgment of crime,crime,light crime,to complete the complement of the unit criminal procedure system by means of pro-curatorial suggestions,relative non-prosecution and guilty plea.