THE CHINESE MODEL AND MECHANISM CONSTRUCTION OF EXCULPATION IN CORPORATE COMPLIANCE

Corporate compliance is an important institutional innovation to promote the implementation of policies optimising the business environment, and to shift China's criminal justice from remedial to preventive, from confrontational to cooperative, and from harsh to modest. However, at present, there are still problems with China’s compliance decriminalisation mechanism, such as incentive mechanisms and corporate governance, and weak prevention of decriminalisation risks.In the future, in terms of the type of decriminalisation, the integrated model of procedural and substantial decriminalisation can be explored, In terms of the stage of decriminalisation, the whole chain of compliance and decriminalisation mechanism at the stages of investigation, prosecution and trial should be constructed, In terms of the decriminalisation system, a diversified system of substitute punishment and systematic compliance incentives can be established, so that a paradigm of “liabilityincentive governance" can be formed, In terms of the guarantee of decriminalisation, a risk identification-response mechanism should be implemented with criminal risk as the centre to safeguard the equality, voluntariness, effectiveness and constraint of compliance decriminalisation. Therefore, the formation of an integrated, comprehensive, systematic and standardised Chinese compliance decriminalisation path can be promoted.