Abstract:
Corporate compliance is an important institutional innovation to promote the implementation of
policies optimising the business environment, and to shift China's criminal justice from remedial to
preventive, from confrontational to cooperative, and from harsh to modest. However, at present, there
are still problems with China’s compliance decriminalisation mechanism, such as incentive
mechanisms and corporate governance, and weak prevention of decriminalisation risks.In the future,
in terms of the type of decriminalisation, the integrated model of procedural and substantial
decriminalisation can be explored, In terms of the stage of decriminalisation, the whole chain of
compliance and decriminalisation mechanism at the stages of investigation, prosecution and trial
should be constructed, In terms of the decriminalisation system, a diversified system of substitute
punishment and systematic compliance incentives can be established, so that a paradigm of “liability-incentive governance" can be formed, In terms of the guarantee of decriminalisation, a risk
identification-response mechanism should be implemented with criminal risk as the centre to safeguard the equality, voluntariness, effectiveness and constraint of compliance decriminalisation.
Therefore, the formation of an integrated, comprehensive, systematic and standardised Chinese
compliance decriminalisation path can be promoted. |
