Risk Prevention And Control And Construction Path Of Criminal Compliance Of Construction Engineering Corporates

Publication Information

Journal Title: Asian Law & Public Policy Review
Author(s): Heyuan Sun & Zhiyuan Liu
Published On: 09/05/2022
Volume: 7
First Page: 54
Last Page: 80
ISSN: 2581-6551
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/ALPPR.2022.702

Cite this Article

Heyuan Sun & Zhiyuan Liu, Risk Prevention And Control And Construction Path Of Criminal Compliance Of Construction Engineering Corporates, Volume 7, Asian Law & Public Policy Review, 54-80, Published on 09/05/2022, doi.org/10.55662/ALPPR.2022.702 Available at https://alppr.thelawbrigade.com/article/risk-prevention-and-control-and-construction-path-of-criminal-compliance-of-construction-engineering-corporates/

Abstract

The corporate compliance system, an internal control mechanism to prevent, detect and stop illegal and criminal offences within a corporate, can serve to effectively solve potential criminal compliance risks in construction projects. The construction projects are characterized by their long-term, continuous and concealed nature. In addition, the system design of construction projects is limited by many factors, including the limitation of traditional centralized administrative mode, the absence of process supervision mechanism and reciprocal motivation mechanism, the complicated setting of supervision matters, the lack of reciprocity of the motivation mechanism and the dislocation of the main body in regulatory responsibilities. Such that, numerous violations of rules and regulations, including quality-centred disputes and safety accidents, keep coming up in the construction industry in China.

Under the context of the co-development of economic and legal globalization, in order to prevent and control the potential criminal compliance risks of construction engineering corporates, it is necessary to construct compliance rules centred on supervision activities, form a corporate criminal offence and compliance identification mechanism, improve the corporate criminal liability system, establish corporate obligation and rules of criminal compliance, formulate measures for the dual models of punishment and incentive, and promote the construction and implementation of the corporate compliance system of the construction industry.

Keywords: Construction Engineering Corporates, Corporate Compliance System, Compliance Identification, Criminal Compliance Risk

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