On The Criminal Compliance Program Perspective Of Unit Crime Exoneration

At present,China’s criminal justice practice emphasizes more on the statutory issue of incrimination,but ignores the importance of exoneration,which makes enterprises face increasing criminal risks,and the traditional ex post facto regulatory measures can only formally play a role in punishing crime,but the effect on the prevention of corporate crime is not satisfactory,so both the state and enterprises are seeking ways to avoid criminal legal risks.Since 2020,China has been implementing a pilot program of non-compliance with prosecution in several prosecutors’ offices,so that enterprises can achieve the effect of "substantive exoneration",which is more of an attempt in procedural law,but whether the criminal compliance program will affect the identification of unit crimes in substantive law,what role it can play in the identification of unit crimes,and in what way to However,whether the criminal compliance program in substantive law will affect the determination of unit crimes,what role it can play in the determination of unit crimes,and in what way it can achieve its function of criminalization,all need further discussion.The main difficulties of China’s unit crime system exist in the imbalance of sentencing,the difficulty of determining the circumstances and the enforcement of penalties,and the ambiguity of the application of the path of exoneration,the root of these problems lies in the identification of unit crime criminal liability in the mix of unit subjects and natural subjects,ignoring the importance of the unit as an independent personality.The problem to be solved in this paper is to discuss whether the criminal compliance program can be used as an objective way of proof to solve the problem of mixing unit responsibility and individual responsibility,and whether it can prevent the unit from assuming criminal responsibility at the level of the constituent elements,so as to perform the function of exoneration,without considering compliance non-prosecution,and only from the perspective of substantive law and prior compliance.function.The first part discusses the background of this paper and the current situation of related research,analyzes the basic concept of criminal compliance and other issues,and discusses the current situation that there are various classifications and opposing dimensions in the study of compliance programs and their criminalization,so that no unified theory can be formed,clarifies that the criminal compliance discussed in this paper is ex ante compliance,and hopes to discuss ex ante compliance only from the substantive law We hope to discuss whether and in what way ex ante compliance can play the function of criminalization.The second part mainly analyzes the problems related to China’s unit crime system in theory and judicial practice,and the root problem lies in the neglect of the independent personality of the unit,and analyzes that it is more difficult to establish the independent personality of the unit by discussing the formation of the subjective will of the unit and the theoretical dilemma that exists in the formation process.The third part of the analysis of the criminal compliance program in the identification of unit crime than the incrimination of the function of the model is more reasonable and from its own characteristics can also be achieved,as a prior compliance program is not through the supra-regulatory criminal cause to achieve criminality,but in the composition of the elements of the judgment as an independent and objective way to prove that the unit in the subjective aspects of the crime does not have criminal intent to deter Therefore,the "exculpatory function" of the criminal compliance program is more than the exculpatory act that constitutes a crime but is not recognized as a crime because of criminal policy or other reasons,but does not constitute a crime in itself in the determination of the constituent elements.The fourth part discusses the path of criminal compliance deterring liability from the perspective of the constituent elements,and the ability to judge the subjective aspects and the objective aspects of the criminal compliance plan in the case of intentional crimes.The criminal compliance scheme is compatible with the new negligence theory to a certain extent,and the criminal compliance scheme can be used to judge the duty of care in the unit negligence crime.