Role Optimization and Strategic Adjustment of Procuratorial Organs in Promoting Corporate Compliance Construction from the Perspective of Environmental Pollution Crimes
DOI:
https://doi.org/10.62051/420trn06Keywords:
Procuratorial Organs; Corporate Compliance; Environmental Pollution Crime; Compliance Motivation; Legal Procedures.Abstract
With the improvement of environmental protection awareness and the in-depth rule of law, the compliance construction of environment-related enterprises has become the focus of social attention. It is necessary to discuss the role of optimization and strategy adjustment of the procuratorial organs in promoting the construction of corporate compliance from the perspective of environmental pollution crimes. Corporate compliance and the current situation of enterprises involved in environmental pollution crimes in China deserve attention. Meanwhile, the procuratorial organs play the role of supervisor in the regulation to promote the compliance of enterprises with environmental pollution, but its supervision effect is limited. The procuratorial organs with a supervisory role when promoting corporate compliance aim to enhance corporate development. During the enterprise compliance, whether an enterprise complies or not needs to be analyzed from the perspective of game theory, which is always driven by its interests and external regulatory incentives. Compliance construction and improvement of legal procedures from the perspective of norms should consider incentives and regulations for the implementation of compliance plans, the construction of the legal status of third-party organizations, and post-event incentives and feedback from third-party organizations.
Downloads
References
Xing, H. Y. Interview with Zhang Xiaojin, Director of the Fourth Procuratorate of the Supreme People’s Procuratorate: Promoting the Compliance Reform of Enterprises Involved in the Case and the Application of the Whole-Process Criminal Procedures, Published in the Beijing News. Retrieved from https://www.spp.gov.cn/ zdgz/ 202403/t20240306_647533.shtml on March 6, 2024.
Huang, R. Q. Report of the State Council on the Environmental Status and the Completion of Environmental Protection Targets in 2022: At the Second Session of the Standing Committee of the Fourteenth National People’s Congress on April 24, 2023. Retrieved from the Website of National People’s Congress. Retrieved from http://www.npc.gov.cn/npc/c2/c30834/202304/t20230426_429045. html on April 26, 2023.
Hu, Y. (2019). On the realizability of law enforcement in deterrent environmental regulation. Law Science, (11): 152-164.
Lv, Z. M. (2009). Regulatory environment supervisor: Legislative deficiency and institutional construction. Studies in Law and Business, (5): 139-145.
Becker, S. & Gary, S. (1968). Crime and punishment: An economic approach. Journal of Political Economy, 76(2): 169-217.
Zhang, M. K. (2018). Controversial issues of environmental pollution crime. Law Review, (2): 1-19.
Statistical Bulletin of the People’s Republic of China on National Economic and Social Development in 2022, Published by the National Bureau of Statistics. Retrieved from https://www.stats. gov.cn/sj/ zxfb/ 202302/ t202302281919011.html on February 28, 2023.
Typical Case of the Supreme People’s Procuratorate’s Corporate Compliance Reform Pilot: L Company in Zhangjiagang City, Zhang and Others Polluting the Environment, June 3, 2021.
Guidelines for Self-Regulation of Listed Companies in Shanghai Stock Exchange No. 14: Sustainable Development Report (Trial Draft for Comment), Guidelines for Self-Regulation of Listed Companies in Shenzhen Stock Exchange No. 17: Sustainable Development Report (Trial Draft for Comment), Guidelines for Continuous Supervision of Listed Companies in Beijing Stock Exchange No. 11: Sustainable Development Report (Trial Draft for Comment).
Huang, J. C., Zhu, J. Y., Li, Y. Y. et al. (2023). Can environmental information disclosure alleviate asset mispricing? Financial Regulation Research, (2): 22-41.
See from Pilot Program for Public Interest Litigation Reform by Procuratorial Organs.
Article 11 of the Constitution of the People’s Republic of China (2018 Amendment).
Li, F. F. (2021). On the conditions for application of enterprise compliance inspection. Legal Forum, (6): 31-43.
See from 2023 Alibaba Environmental, Social and Governance (ESG) Report and 2023 Midea Group Environmental, Social and Governance (ESG) Report.
Liu, Y. H. (2022). Research on the standards for constructing effective compliance system in the criminally-related enterprises. Oriental Law, (04): 104-119.
Chen, R. H. (2021). Eight controversial issues in the reform of non-prosecution for corporate compliance. China Law Review, (04): 1-29.
Zhao, H. (2023). On the legal status of the third-party organization in the corporate criminal compliance. Political Science and Law, (06): 48-62.
Chen, C. R. & Wang, D. D. (2021). Applicable mechanism of the directory of third-party professionals for corporate compliance. The Chinese Procurators, (23): 11-14.
The Launching Ceremony of Fully Implementing the Compliance Notification System for New Market Entrants in Pudong New Area Held. Published on The Paper. Retrieved from https://www.thepaper.cn/ on July 18, 2023.
Broadstock, S., David C., Chan, K., Louis, T., Cheng, W. & Wang, X. W. (2020). The role of ESG performance during times of financial crisis: Evidence from COVID-19 in China. Finance Research Letters, (38): 101716-101716.
Jiang, M. A. (1999). Administrative Law and Administrative Procedure Law. Beijing: Peking University Press, 223.
Qian, L. & Chen, D. (2021). The third-party organization for compliance supervision and evaluation realizes random standard selection. Procurator Daily, (03).
Zhao, H. (2023). On the legal status of the third-party organization in the corporate criminal compliance. Political Science and Law, (06): 48-62.
Chen, H. S. (2023). Corporate environmental compliance and legal mechanism construction under the carbon neutrality and peak emission targets. Oriental Law, (01): 133-143.
Downloads
Published
Conference Proceedings Volume
Section
License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.








