On The Construction Of China’s Enterprise Criminal Compliance System

In recent years,the world economy has been changing in a complex manner and the risks in the financial market have increased dramatically,and enterprises are more likely to face the legal risk of being prosecuted for criminal liability due to their inherent profit-seeking nature and freedom of development.Western countries have established a system related to corporate compliance as a reasonable basis for the judicial authorities to leniency punishment for the enterprises involved in the case,and the corresponding system of deferred prosecution agreement and non-prosecution agreement has emerged.Under the "One Belt,One Road" policy initiative,more and more enterprises in China are participating in international economy and trade,and accordingly,they will be bound by foreign laws and rules and face criminal compliance risks.The criminal compliance program aims to prevent and detect the criminal legal risks of enterprises,and by connecting with the criminal laws already in force,a complete criminal compliance system can effectively deal with the criminal compliance risks of enterprises.As the core content of corporate compliance,criminal compliance can not only improve the internal governance structure of enterprises,but more importantly,improve the ability of enterprises to resist and detect criminal compliance risks,and legally based on the criminal compliance incentive mechanism can also become a legal defense for the enterprises involved in the case.Criminal compliance can promote the joint efforts of the state and enterprises to "co-manage" corporate crime,improve the efficiency of judicial organs in handling cases,save judicial resources,and play a social governance function.Although there is no legal provision in China’s criminal law for the enterprise criminal compliance system,there have been discussions on the compliance-related system in academic circles and there are cases of criminal compliance in China’s judicial practice.The current situation of corporate crime in China is serious,and it is urgent to introduce a corporate criminal compliance system to deal with the problem of corporate crime governance.To this end,we propose some reasonable ideas for the construction of a criminal compliance system for Chinese enterprises,taking into account China’s specific national conditions and the current practical experience of prosecutorial compliance reform.