Regulation Of The Unit Bribery Crime Under The Criminal Compliance System

With the increasingly strict and standardized provisions of the criminal law,all aspects of the society gradually step into the track of the rule,but the situation of corporate crime is still serious,especially corporate bribery has become an "unspoken rule" in the market competition,over time,will inevitably affect the stable and healthy development of economic society.In the judicial practice,it is difficult to assign responsibility to the unit bribery crime and the punishment is too light,and the punishment mechanism of criminal law is difficult to prevent the occurrence of the crime.In order to carry out the anti-corruption struggle continuously and deeply,and effectively regulate the crime of bribery by units,it is necessary and feasible to introduce the criminal compliance system.This public-private cooperation mode can greatly improve the overall efficiency of the governance of the crime of bribery by units.Western developed countries are the origin of criminal compliance system,and the practice of using anti-corruption compliance plan to deal with commercial bribery crime has achieved good preventive effect.This paper believes that we can learn from other advanced experience and play to the advantages of our judicial system,so as to build a criminal compliance system suitable for unit bribery.First of all,change the natural human-centered imputing path,introduce the theory of enterprise independent volition,completely cut the criminal liability between enterprises and employees,solve the problem of ambiguity in identification standards of unit bribery crime in practice,and encourage enterprises to plead not guilty by developing compliance program.Secondly,a criminal compliance management system for anti-bribery should be established to help enterprises involved in the crime improve their internal governance,enhance their ability of preventing and controlling risk,and avoid the consequences of being "wiped out" due to conviction and punishment.Finally,we should improve the punishment measures of unit bribery crime,by increasing the punishment of unit bribery crime,give play to the deterrent function of criminal law,force enterprises to actively establish compliance plans to avoid severe punishment,so as to better realize the prevention of criminal compliance system on unit bribery crime,get rid of the current realistic dilemma of ineffective crackdown.