Abstract

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Keywords:: criminal compliance; micro and small enterprises; enterprise compliance; compliance assistance; process supervision

Abstract:: Micro and small enterprises account for the vast majority of the total number of enterprises in China, as well as the vast majority of the parties involved in enterprise crimes. Thus, promoting criminal compliance of micro and small enterprises is of great practical significance. Compared to large enterprises, the management of micro and small enterprises is less institutionalized and more personalized. However, at present, the criminal compliance theory and the judicial practice are on separate tracks. In particular, the traditional criminal compliance theory takes large enterprises as the assumed object, and thus faces problems of reference in criminal compliance of micro and small enterprises. In order to promote the criminal compliance of micro and small enterprises, we can, among other things, focus on the following aspects: to establish a compliance model with state aid; to follow the principle of specificity in combination with simplicity; to promote the compliance with shared thought and wisdom; to enhance micro and small enterprises' sense of fulfillment in criminal compliance; to arouse the enthusiasm of procuratorial organs; to coordinate the institutional construction with personal discipline; and to strengthen the supervision of external forces on the compliance process.