The object of corporate compliance management is the business management behavior of the company and its employees.
Corporate compliance is a new method and strategy for Chinese enterprises to go to the international market and meet international rules and practices, while criminal compliance is directly related to corporate crime governance, an important part of modernizing the national governance system and governance capacity, no matter in the procedure or in the entity, the criminal compliance is particularly theoretical cutting edge, and it is urgent for the academic community to reach a theoretical *** knowledge and guide the practical issues based on it.
The main management purpose of corporate compliance is to intervene in the economic activities within the enterprise with public power, so that they comply with the law, in exchange for the enterprise in the business behavior caused by the results of the harm, can be lenient treatment of preferential treatment, so as to achieve the effect of the prevention of corporate crime beforehand.
In the enterprise activities of illegal and criminal, the law-abiding enterprises and illegal employees of the act of cutting, so as to achieve the preservation of enterprises, punishment of individuals, enterprises, especially large enterprises because of the crime of being punished for the effect of social shock is reduced to a minimum.
Scope of corporate compliance:
Corporate compliance involves all aspects of the production and operation of the enterprise, such as environmental and intellectual property protection compliance, production safety compliance, anti-bribery compliance and so on. Any of the foregoing non-compliance will trigger the corresponding risk of administrative sanctions or civil penalties.
But from the perspective of criminal compliance, all kinds of compliance risks in business operations, are as criminal risk potential and exist. The direct purpose of criminal compliance is to avoid criminal risk, and criminal risk as the ultimate form of legal risk, not from the world down, it comes from a variety of non-compliance with the accumulation of risky behavior and mutation.
To prevent and control criminal risk, it is necessary to put the antecedent various non-compliance risks as a whole into the scope of examination of criminal compliance, from which the identification of a variety of non-compliance behaviors that are likely to trigger the evaluation of the criminal law, and to be appropriately controlled, so as to be able to prevent the smallest and prevent the reality of the risk of criminal liability.
Criminal compliance is different from corporate compliance of this basic logic determines that criminal compliance is not a branch of traditional corporate compliance, but the criminalization of corporate compliance performance, is the advanced development of corporate compliance form.