Field Research on Corruption in Private Enterprise -- Taking the "Criminal Law Amendment (12)" as an Opportunity

Abstract

For a long time, the governance strategy of corruption crimes in private enterprises has been mainly based on norms and ignoring facts, which may lead to poor governance of related crimes. In terms of the governance of corruption crimes within private enterprises, the characteristics of enterprise management mode, organizational structure, and form of power distribution are ignored, which may limit the protective function of the criminal law, and even cause problems such as excessive involvement of the criminal law and abuse of rights. In terms of bribery prevention, failure to fully consider the complex forms of bribery may lead to those enterprises and their households that are still worth saving may be mired in litigation, which will further lead to negative social effects. Based on the complex reality of China's private enterprises, a localized and comprehensive corruption crime governance strategy should be put forward from the perspective of enterprises and their households.