Journal of Northeastern University(Social Science) ›› 2021, Vol. 23 ›› Issue (2): 89-95.DOI: 10.15936/j.cnki.1008-3758.2021.02.012

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Study on the Settlement and Compliance Mode for Governing Corporate Lawbreaking in China

TAO Langxiao   

  1. (Law School, University of International Business and Economics, Beijing 100029, China)
  • Online:2021-05-12 Published:2021-03-23
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Abstract: There are three types of law enforcement mode for governing corporate lawbreakers in modern countries: the strict sensation mode, the discretionary non-punishment mode, and the settlement and compliance mode. At present, China employs a co-governance method in adopting the strict sensation mode together with the discretionary non-punishment mode. The duality of law enforcement results in great social consequences, poor long-term effects, and difficulties in meeting the needs of international economic and trade development. The judicial concept underlying law enforcement in China is undergoing a transition from retributive justice to compatible restorative justice. In order to govern corporation misconducts effectively in China, the settlement and compliance mode should be introduced at the system level, including setting up the deferred prosecution procedures for corporate crimes, fully implementing the administrative settlement mechanism for corporate wrongdoers, and clarifying the core position of compliance in settlements.

Key words: corporate lawbreaking; the settlement and compliance mode; restorative justice

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