论企业合规检察主导的中国路径

通过对企业合规检察面向的谱系梳理可以发现,无论是对合规总体宏观的理论论证、试点决策、规范制定,还是就合规具体试点的推进方式、进度调控和领域调整,检察主导已成为中国企业合规的鲜明特色.企业合规检察主导的内生动力和深层根源涉及三个方面:主体认知自觉,即新形势下对检察工作省思后的创新探索和职能延伸;法理依据证成,基于对合规"...

Chinese Model of Corporate Compliance Led by Procuratorial Organs

China’s procuratorial organs have participated in the establishment of corporate compliance.It could be found from practice that procuratorial organs play a very dominant role in corporate compliance.These practices include not only theoretical argumentation,experiment planning and rule making,but also the selecting of experiment methods,experiment progress and experiment areas.There are three reasons why procuratorial organs are so important in China’s corporate compliance.Firstly,procuratorial organs constantly reflect on the content of procuratorial work,and have made innovative explorations and functional extensions on the basis.Secondly,the procuratorial organs have the judicial theory basis for participating in corporate compliance governance.Thirdly,China’s existing legal system provides a legal basis for procuratorial organs to participate in corporate compliance.Combing these practices and reasons,China’s procuratorial organs would continue to lead the corporate compliance in three ways.Firstly,abiding by the principles of stability,order and diversity.Secondly,focusing on coordinating the relationship between different subjects,especially the connection and supervision of them.Thirdly,optimizing the rule of corporate compliance timely based on China’s national conditions.