The Dilemmas and Improvements of Criminal Compliance for Private Enterprises: Insights from the Introduction of the Criminal Law Amendment (XII)

Jiayi Wang

doi:10.62051/t4npkq30

Authors

Jiayi Wang

DOI:

https://doi.org/10.62051/t4npkq30

Keywords:

Entrepreneurial crime; Private enterprises; Ex-ante compliance; Legal effect.

Abstract

In recent years, amendments to the Criminal Law have progressively broadened the scope of regulation and introduced a significant number of administrative offenses, thereby escalating criminal risks for private enterprises. In order to alleviate the negative consequences of this expansion while safeguarding the legitimate rights of these enterprises, it is crucial to implement proactive governance and preventive measures, establishing a "path to redemption" rooted in criminal law theory. Once a business is implicated in criminal proceedings, its conduct should be assessed through the three-tier theory of culpability, evaluating the degrees of unlawfulness and responsibility. Preventive compliance measures should be adopted to reduce the occurrence of offenses and facilitate the introduction of diverse sanction mechanisms within private enterprises. Furthermore, institutional reforms are necessary-legislation must distinguish between different circumstances within the same offense, taking into account the severity of harm to legal interests, personal risk, and the likelihood of recidivism. A thorough evaluation of the effectiveness of criminal law should be conducted to achieve a balance between regulatory enforcement and the sustainable development of enterprises.

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