合作预防模式下民营企业腐败犯罪的自我预防

Self-Prevention of Corruption Crimes in Private Enterprises under Co-operative Prevention Mode

我国民营企业腐败犯罪治理中,存在着整体不够重视、忽视公私合作、重惩处轻预防等问题,所以,倡导反腐败的国家-企业合作型预防模式,有充分的理论和实践基础。民营企业腐败犯罪合作预防的最佳路径就是构建反腐败合规计划,即通过立法将"企业是否有效预防内部腐败行为"与刑事责任联系起来,作为判定企业刑事责任的要素,促使企业主动履行预防腐败的社会责任。民营企业腐败犯罪的自我预防具有多重价值,其自我预防体系可以从企业高层的重视、明确的合规政策与守则指引、健全的执行机制、完善的监督机制与反腐准则的普及等五个方面构建。

There are some problems in the governance of corruption crimes in private enterprises in China, such as insufficient attention to the governance, ignoring public-private cooperation, paying more attention to punishment than prevention, etc. In the context of cooperative governance of corruption in private enterprises, it is necessary to advocate a cooperative prevention model, which has both theoretical and practical bases. The cooperative prevention model is to achieve the state-enterprise co-sponsorship. The best way for cooperative prevention of corruption crimes in private enterprises is to construct an anti-corruption compliance program, that is, to link "whether enterprises effectively prevent corruption of employees" with criminal responsibility through legislation, as a factor to determine corporate criminal responsibility, and encourage enterprises to actively fulfill social responsibility to prevent corruption. Its self-prevention of corruption crimes in private enterprises has multiple values. The self-prevention can be constructed from five aspects: the attention from the upper-level of enterprises, the clear guidelines of policies and codes, the sound implementation mechanism, the perfect supervision mechanism, and the popularization of anti-corruption compliance standards.