The Study on China's Criminal Compliance Review of Multinational Corporations

Abstract

The current criminal compliance system in China is constantly forming and developing in theory and practice. At the same time, in the context of economic globalization, the influence of multinational companies on the national and even world economy is expanding. It is important and urgent to conduct criminal compliance review on them. In this paper, the author will use legal normative analysis to study the issue of criminal compliance review of multinational corporations in China. Although the overall development of the criminal compliance system is good, there are still more problems compared with the operation characteristics of multinational companies and the criminal compliance system in foreign countries. These problems are mainly manifested in the lack of internal motivation for corporate criminal compliance, the perfection of supporting legal system, and the poor articulation when the system is introduced. The reasons behind this are the inherent profit-seeking nature within the enterprises themselves and the influence of the non-uniform international standards on compliance effectiveness. Based on this, China should gradually build up a criminal compliance system with Chinese characteristics by promoting joint participation of the state and enterprises, establishing an effective criminal incentive mechanism, and drawing on the application of the non-prosecution system for compliance.