Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2022, Vol. 24 ›› Issue (2): 84-91.DOI: 10.11885/j.issn.1674-5094.2021.11.21.01

• POLITICS AND LAW • Previous Articles     Next Articles

Problems and Reflections on the Theory and Practice of Corporate Criminal Compliance

LIU Fangke   

  1. Law School, Xiangtan University, Xiangtan Hunan, 411105, China
  • Received:2021-11-21 Published:2022-04-02

Abstract: Criminal compliance is intended to prevent and monitor the illegal and criminal acts within corporate, which has aroused interest in theory and practice in China. Corporate criminal compliance is of great significance for corporate crime prevention and governance. Highlighting the main role of enterprises in crime prevention can effectively alleviate the adverse effects of criminal law on corporate crime punishment. However,the theory and practice of criminal compliance are faced with many difficulties. Globally,there exist problems of unified effective criminal compliance standard,failure of full coverage,and ignorance of criminal compliance, etc. In China, organizational responsibility challenges the traditional unit responsibility for crimes,and difficulties in corporate criminal compliance pilot program. In this regard,non-prosecution compliance system with Chinese characteristics should be constructed by constructing a unified compliance standard,adjusting the specific requirements of the compliance plan, separating criminal responsibility of the unit and its members.

Key words: corporate crime, criminal compliance, unit responsibility, non-prosecution in compliance, crime prevention

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