The Predicament Of Enterprise Anti-commercial Bribery Criminal Compliance Construction And China’s Path

The construction of China’s enterprise anti-commercial bribery criminal compliance system has the theoretical dilemma of conflict with the stability and legitimacy of the law.With the idea of human rights protection and accountability for unit crimes,there are legislative and judicial dilemmas in criminal law,such as the narrow definition of commercial bribery,unclear jurisdiction of foreign commercial bribery,unreasonable punishment,and lack of procedural law of corporate criminal compliance and non-prosecution.The legal basis for the criminal compliance of enterprises against commercial bribery is that the security criminal law reshapes the stability foundation,the rights and responsibilities are matched to provide the legitimacy basis,the criminal law doctrine of prevention provides the basis of human rights guarantee,and the responsibility compliance provides the balance basis for the criminal responsibility of enterprises.There are various branches of extraterritorial practice,such as the sentencing adjustment model,the deferred prosecution model,the conviction model as a defense model,and the conviction model as an element,mature experience in perfecting the unit crime system,establishing the obligation of criminal compliance for enterprises and senior managers,and adopting various means of commercial bribery crime worth learning from.Our country should also adjust the legislation from the perspective of reasonably broadening the definition of the crime,clarifying the jurisdiction of foreign-related commercial bribery crime,increasing the punishment of commercial bribery crime,and enterprise criminal compliance as a defense,establishing a special system of non-prosecution of enterprise criminal compliance,in substantive law and procedural law,to build our country’s enterprise anti-commercial bribery criminal compliance path.