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Article
A Study on China’s Corporate Crime Enforcement: An Emerging Reprieve Approach
Author(s)
TAO Langxiao
Full-Text PDF XML 867 Views
DOI:10.17265/1548-6605/2020.05.001
Affiliation(s)
University of International Business and Economics, Beijing, China
ABSTRACT
China regulates the
criminal behaviors of corporations through the “unite crime” provisions of the
Criminal Code. The existing laws and theories are not ambiguous, but
enforcement methods no longer serve the needs of Chinese society. This has had
harmful collateral consequences for public interests, providing limited rights
protection for entrepreneurs and having insufficient effects in promoting
criminal compliance over the long term. Since 2018, China has been accepting
restorative justice to resolve the problems in traditional methods, forming a
new reprieve approach in dealing with corporate crimes. Judicial activities
have been improved by encouraging bail for entrepreneurs and more property
rights protections. Following this trend, there must be further law reforms
that can develop China’s deferred prosecution agreement system and incentivize
corporations to apply criminal compliance programs.
KEYWORDS
corporate crime, China, deferred prosecution agreement, criminal compliance
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