Research On The Identification Of Enterprise Criminal Compliance Decriminalization

The identification of enterprise criminal compliance decriminalization is of great significance for the in-depth promotion of compliance rectification nationwide.Enterprise criminal compliance decriminalization plays an important role in providing criminal judicial protection for sustainable development of enterprises,facilitating economic recovery in the post-epidemic period,and promoting co-governance between government and enterprise.The identification of enterprise criminal compliance decriminalization is mainly due to the lack of legitimate basis for judicial organs to start compliance rectification,fuzzy assessment standards for compliance rectification,and unclear applicable object of the decriminalization after successful compliance rectification.As a result,the enterprise involved in compliance rectification either applies " ending with prosecution" due to excessive caution or applies " ending in complete decriminalization without prosecution" due to excessive leniency,which restricts the sound development of enterprise compliance decriminalization.It is not conducive to the realization of enterprise criminal compliance decriminalization from judicial practice to legislative achievement.This article compares and studies the legislative and judicial practices of domestic and foreign enterprise compliance program,and combines them with typical cases of judicial practice in China to analyze and sort out the problems in the criminal compliance decriminalization determination of Chinese enterprises under the current legal framework,and proposes corresponding solutions.Firstly,when initiating the compliance rectification plan for enterprises involved in crimes,it should be based on criminal policies,public interest consideration,and legal interest recovery theories to ensure the legitimacy of compliance reforms carried out by enterprises involved in crimes.Secondly,based on different theoretical foundations,it is necessary to clarify that the inspection standards for compliance rectification of enterprises involved in crimes should be effective,targeted,and dynamic in terms of the scale of the involved enterprises,types of crimes,social harmfulness,and the necessity of crime prevention.Finally,the results of corporate compliance rectification should be based on the actual situation of the involved enterprise,namely,compliance decriminalization applies to the involved enterprise committed crimes or extended to some responsible persons in the unit crime.The determination of corporate criminal compliance decriminalization not only refines the case handling process for judicial practice within the current legal framework,but also provides a bridge for the judicialization and implementation of theoretical research results.This article analyzes and summarizes the issue of determining the criminal compliance decriminalization of enterprises and the corresponding measures,in order to benefit the prevention of corporate crime in China.