Research On Criminal Law Legislation Of Criminal Compliance Incentive Mechanism

"Corporate compliance" is a major theoretical topic and practical hotspot in recent years,and the criminal compliance incentive mechanism is the latest theoretical achievement that separates from "corporate compliance" and further acts on corporate criminal responsibility.Its purpose is to enable enterprises to avoid litigation and criminal liability under the conditions of compliance,and better protect the healthy development of enterprises in a country.The criminal compliance incentive mechanism has relatively sufficient practical experience abroad,and the relevant organs led by the Supreme People’s Procuratorate are also vigorously promoting the pilot work of this mechanism in China.Therefore,the research on the criminal compliance incentive mechanism has important theoretical and practical significance.Although the criminal compliance incentive mechanism has already started pilot work in China,with the deepening of the pilot,issues such as limited compliance incentive effects,unclear scope of application,and unclear subject of application have gradually emerged.Therefore,criminal law is needed to provide protection and guidance for the practical work of the criminal compliance incentive mechanism,but China’s current criminal law does not specifically address the relevant provisions of the criminal compliance incentive mechanism.If the system is forcibly implemented,it will not only conflict with the principle of legality in China,but also make the effect of compliance incentives very limited.Therefore,it is necessary to establish criminal law legislation for criminal compliance incentive mechanisms.The legislative setting of the criminal compliance incentive mechanism needs to clarify its applicable basis before it can be specifically constructed and implemented.The so-called applicable basis is also the unit crime identification theory.Only by clarifying the premise and fundamental issue of the unit crime admission logic can it better serve as a criminal compliance incentive mechanism.The mainstream theory of determining unit crime includes the theory of alternative responsibility,the theory of overall responsibility,and so on.These theories have more or less shortcomings and are not suitable as the applicable basis for criminal compliance incentive mechanisms.Based on this,it is necessary to promote the theory of unit inherent responsibility.The core proposition of the theory of inherent unit responsibility lies in the transformation of unit responsibility from behavioral responsibility to organizational responsibility,and the identification of unit crime from the organizational management level,that is,under the premise that unit members have committed criminal acts,to investigate whether there is a lack of organizational management obligations in the unit,and if there is a lack,it is considered that the unit should bear criminal responsibility.The theory of unit inherent responsibility is innovative and can also solve the problems faced by the mainstream theories mentioned above,with strong rationality.Therefore,the theory of unit inherent responsibility should be used as the applicable basis for criminal compliance incentive mechanisms.On the basis of the theory of inherent responsibility of units,the legislative construction of a criminal compliance incentive mechanism can be achieved by amending Articles 30,31,and 72 of the Criminal Law.Specifically,building a criminal compliance incentive mechanism is not a legal obligation of enterprises,and enterprises should not be guilty of not building a criminal compliance incentive mechanism;The purpose of the criminal compliance incentive mechanism is to help enterprises make up for the lack of organizational management obligations.Therefore,the criminal compliance incentive mechanism should be equally applicable to all types of unit crime cases,and can only be applied to the enterprise itself.Therefore,the effectiveness of the criminal compliance incentive mechanism can be fundamentally brought into play,and the integration of the criminal compliance incentive mechanism and China’s criminal law can be achieved.