Legal analysis: First, the subject of criminal compliance is enterprises, generally referring to state-owned enterprises including central enterprises and private enterprises. Second, the reason of criminal compliance is mainly to prevent the criminal risks of enterprise executives. In China's criminal law, the punishment for the unit crime department is a double punishment system. The amount of fines imposed by the criminal department of the unit and the persons directly responsible for the enterprise. Generally speaking, the "boss" will go to jail after the company fines the money, which is terrible. Third, the method of criminal compliance is simply to diagnose the criminal risks of enterprises from birth to death through professionals, mainly lawyers and legal personnel, so as to implement prevention and control measures. Fourth, the result of criminal compliance is "treatment before illness, treatment after illness". Put an end to the possible criminal risks in the business process of enterprises, and reduce or prevent the criminal risks that have already appeared. And "treating diseases" actually belongs to the category of criminal defense. Fifth, the purpose of criminal compliance is to protect entrepreneurs from expanding their territory and protect the long-term prosperity of enterprises. Have you noticed the high incidence of entrepreneurial crime in recent years? Many entrepreneurs have been jailed, and what's more, the Hurun Rich List has been dubbed as the "Kill Pig List". The Report on Entrepreneur Corruption Crime and the Report on Risk Analysis of Entrepreneur Crime issued by China Center for the Prevention of Entrepreneur Crime of Beijing Normal University contain detailed data, which show the high-frequency crimes committed by senior executives of private enterprises and state-owned enterprises, as well as the analysis of crimes with various horizontal and vertical factors as reference factors, which will not be repeated here.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 1 The purpose of legislation is to punish crimes and protect the people. This Law is formulated in accordance with the Constitution and in the light of China's specific experience and actual situation in combating crime.
In Task 2, the tasks of the Chinese people's Criminal Law of People's Republic of China (PRC) are: to defend national security, the people's democratic dictatorship and the socialist system, to protect state-owned property and property collectively owned by working people, to protect property privately owned by citizens, to protect citizens' personal rights, democratic rights and other rights, to maintain social and economic order, and to ensure the smooth progress of socialist construction, to fight and punish all criminal acts.
Article 3 If a crime is clearly defined by law, it shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished. Provided by China Criminal Defense Network
Article 4 Everyone is equal before the law. Anyone who commits a crime is equal in the application of the law. No one is allowed to have the privilege beyond the law.
Article 5 The responsibility and punishment should be adapted to the severity of punishment and to the crimes committed and the criminal responsibilities assumed by criminals.
Article 6 Territorial Jurisdiction This Law shall apply to all crimes committed within the territory of People's Republic of China (PRC), except as otherwise provided by law. This Law is also applicable to crimes committed on board ships or aircraft in People's Republic of China (PRC). If one of the acts or results of a crime occurs in the territory of People's Republic of China (PRC), it shall be regarded as a crime in the territory of People's Republic of China (PRC).