The Reconstruction Of China’s Unit Crime System On The Perspective Of Criminal Compliance

Criminal compliance,as an innovative model of corporate crime management,has been promoted by the successful experience of the United States,and many countries in the world have started to introduce and implement criminal compliance,thus deriving and developing distinctive criminal compliance practice models,and criminal compliance has become an irreversible global trend.Under the promotion of the general environment,whether to introduce criminal compliance into China and how to realize the localization of criminal compliance has become one of the most concerned topics in the academic and judicial circles in China.In order to improve the international competitiveness of enterprises and ensure the sustainable development of enterprises,change the traditional corporate governance model,and effectively achieve corporate crime governance and crime prevention,China has inevitably begun to explore the introduction and localization of criminal compliance practice path.In this process,criminal compliance inevitably causes a certain impact on the theory of unit crime,and how to correctly deal with the relationship between criminal compliance and the existing unit crime system in China has become a difficult problem.Not only the real establishment of criminal compliance needs the response of the unit crime system,China’s existing unit crime system and the serious unit crime situation does not match,it is difficult to play a role in the control and prevention of unit crime,but also need to use more innovative and perfect theory to make up for the defects and deficiencies of the system.Based on the introduction of criminal compliance,it is imperative to reconstruct the unit crime system in China.The first part of this paper is an overview of the current theoretical development and practical status of criminal compliance.Firstly,by combing and analyzing the development history of corporate compliance,the connotation of criminal compliance is defined.Criminal compliance is essentially a concept in a cross-jurisdictional context,and corporate compliance is actually studied from the perspective of criminalization.Then,we summarize the various application models of criminal compliance by introducing the specific practices of criminal compliance in foreign countries,and then elaborate on the justification of introducing criminal compliance in China from three levels: safeguarding the development of enterprises,promoting the governance of corporate crime,and having homology with our theoretical system.The second part of this paper focuses on explaining the relationship between the introduction of criminal compliance and reconstructing China’s unitary crime system.On the basis of reflecting on the problems of China’s criminal compliance pilot work and the inherent defects of China’s unit crime system,it is analyzed that China’s unit crime system needs to respond to criminal compliance in order to truly play the role of criminal compliance on the one hand,and on the other hand,the innovation of criminal compliance to the theory and system of unit crime can actually make up for the deficiencies of China’s unit crime system,so that China’s unit crime system should be On the other hand,the innovation of criminal compliance to the theory and system of unit crime can actually make up for the deficiency of China’s unit crime system.The third part of this paper proposes a specific path for the restructuring of China’s unit crime system based on the introduction of criminal compliance.It is necessary to firmly base on the national conditions and not to detach from the roots of China’s current criminal law system,but to moderately improve and reshape the unit crime system within the current legal framework.We should establish the "independent will theory of enterprises" with the introduction of criminal compliance as the core,and on this basis,optimize the recognition criteria of China’s unit crime system,unify the criteria for conviction and sentencing of unit crimes and crimes committed by natural persons in China,enrich the penalty system of unit crimes by incorporating qualification penalties and additional penalties for compliance programs,and build China’s compliance not Prosecution system,mainly suspended prosecution,supplemented by the prosecutorial recommendation model,while incorporating compliance into the sentencing discretionary circumstances,to establish a criminal incentive mechanism with Chinese characteristics.