Research on the Legal Path of Criminalization and Convergence of Compliance in Chinese Enterprises

DOI: https://doi.org/10.62517/jel.202414205

Author(s)

Yizhu Chen

Affiliation(s)

School of Law and School of Intellectual Property, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Corporate compliance reform is both a reform of the criminal trial system and an innovation of the social governance model. This paper argues that at the current stage in China, the construction of corporate compliance in China cannot rely solely on the procuratorial and other judicial organs, but also requires the participation of more social forces. The corporate compliance mechanism must highlight the leading role of the procuratorial authorities; on the other hand, it also needs to integrate the forces of all parties to provide assistance in the reform and exploration of the corporate compliance system effectively. Since this is a multi-party collaborative systematic project, problems of convergence and collaboration among various parties will inevitably arise; only by establishing smooth convergence and a good collaborative mechanism can the experimental goals of the reform be realized.

Keywords

Corporate Compliance; Program Articulation; Compliance Rectification

References

[1]Zhu Wenrui, Chen Shanshan. The Function and Positioning of Procuratorate in Criminal Compliance. Journal of Hubei Police College, 2021, 34(05):131-141. [2]Hongjie Tian. Rethinking Criminal Compliance. Journal of Peking University (Philosophy and Social Science Edition), 2020, 57(02):119-130. [3]Li Yuxing. The Normative Interpretation and Mechanism Development of the Convergence of Execution and Punishment--Centering on the Provisions of the Convergence of Execution and Punishment in the New Administrative Punishment Law. Chinese Journal of Criminal Law, 2022, (04): 64-78 [4]Sun Guoxiang. Study on the subordination and independence of the judgment of illegality of administrative offenses. Jurist, 2017, (01): 48-62+176-177. [5]Shang Haowen. Research on the Articulation Mechanism between Administrative Law Enforcement and Criminal Justice in the Field of Securities. Criminal Law Series, 2021, 178-179. [6]Luo Li, Dai Navy. Research on the connection mechanism between administrative law enforcement and criminal justice in production safety in China. Journal of Beijing Institute of Technology (Social Science Edition), 2020, 22 (01): 132-140. [7]Yuan Peijun. Study on the Criminalization of Compliance of Enterprises Involved in Cases. Journal of Fujian Agriculture and Forestry University (Philosophy and Social Science Edition), 2023, 26 (05): 84-96 [8]Miao Shuni, Xu Zhongyun, Cui Jian. Improvement of the mechanism of criminalization and compliance of enterprises involved in crimes. People's Procuratorate, 2022, (24): 30-32. [9]Dong Kun. On the Chinese Path of Corporate Compliance Prosecution Dominance. Politics and Law Forum, 2022, 40(1): 117-131.