Normative Interpretation of Criminal Compliance System——With the Criminal Law Amendment (XI) As the Background

Abstract

The amendment to economic crime in the Criminal Law Amendment (XI) provides a normative analysis sample for the theoretical research of criminal compliance. Organizational responsibility is the basis for the separation of unit and natural person, and the direction of Criminal Law amendment also reflects the realistic possibility of separation. Therefore, we can reconstruct the way of responsibility fixation and the application of penalty according to the revision of Criminal Law. The applicable premise of organizational responsibility is that the unit has an effective and stable criminal compliance system, so it should be clear that the unit's criminal compliance obligations include construction and operation. Criminal compliance is not the proper basis for preferential punishment units, and the application of punishment should also maintain a balance with the punishment of natural persons.