Case Analysis and Judicial Solution of False Compliance of A and B Companies in Shanghai

Authors

  • Qi Yang

Keywords:

Criminal Compliance; False Compliance; Unit Crime; Judicial Solution.

Abstract

Since the Supreme People's Procuratorate pushed out the pilot reform of criminal compliance, it has saved a large number of high-tech enterprises and achieved positive results in governance of corporate crime. However, through the analysis of many cases, including the fake compliance cases of A and B companies in Shanghai, it was found that the hidden dangers of illegal and criminal activities of the enterprises involved in the crime had not been eliminated in time, and the court has made a lenient sentence. Based on this, this paper attempts to start from the trial stage and put forward a series of measures, such as strengthening judge-led judicial review, establishing the compliance adjudication rules in the trial stage, and constructing criminal compliance throughout the trial stage, so as to provide a judicial solution for false compliance cases.

References

Information on: https://www.spp.gov.cn/spp/xwfbh/wsfbh/202106/t20210603_520232.shtml.

Tang Binbin: Three Models of the Limitation of the Discretionary Power of Non-Prosecution in Compliance of Procuratorial Organs, Legal System and Social Development, vol. 28 (2022) No. 1, p. 41-42.

Yang Fan: The Procedural Response to Corporate Criminal Compliance, Journal of Law, vol. vol 43 (2022) No. 1, p. 121-122.

Ma Mingliang: Corporate Compliance as a Way of Criminal Governance, Political Science and Law Forum, vol 38 (2020) No. 3, p. 177-178.

Li Chuanxuan: Construction of Corporate Environmental Criminal Compliance System from the Perspective of Green Governance, Law, vol 484 (2022) No. 3, p.174-175.

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Published

2022-11-21

How to Cite

Yang, Q. (2022). Case Analysis and Judicial Solution of False Compliance of A and B Companies in Shanghai. Frontiers in Humanities and Social Sciences, 2(11), 93–98. Retrieved from http://bcpublication.org/index.php/FHSS/article/view/2783

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Section

Articles