The Criminal Justice Practice and Experience of Corporate Compliance in China

Abstract

In the 21st century, because ZTE Corporation was subject to US sanctions and penalties in the first half of 2018, which caused widespread concern in the international community and heated discussion in the domestic legal community, the Enterprise Compliance Plan was highly concerned and warmly responded in Chinese Mainland.[5] Looking at the response and implementation of corporate compliance in China, it has gone through a process of introduction and standardization by central and state-owned enterprises, and acceptance and institutionalization by private enterprises. In the process of handling criminal cases, the Supreme People's Procuratorate actively promotes the implementation and development of corporate compliance in China through the procuratorial work mechanism, accumulating rich judicial experience, and transforming the "imported" corporate compliance mechanism into an important part of China's economic development and legal implementation. Currently, the Supreme People's Court is also gradually considering the positive significance of corporate compliance in specific cases in its judicial work, and making reasonable considerations in specific judgments accordingly. Against this backdrop, it is obviously of positive significance to summarize the practical experience of criminal justice in the implementation of corporate compliance, analyze and look forward to the future legal mechanism for implementing corporate compliance plans, and promote the implementation of corporate compliance in China from the perspective of socialist rule of law concept and system, so that it can serve China's economy and enterprise development.