Comprehensive Reflection and Domestic Reshaping of Criminal Compliance

Criminal compliance, explored in pilot projects, is becoming a popular subject of research. There are some structural defects in China's criminal compliance, such as unclear content of the main part, immature structure of the norms, insufficient construction of the theoretical system, vacancy of legislation, and backwardness of judicialization. Criminal compliance should be based on a complete set of elements and a mechanism for implementation so as to establish itself as a criminal-law system. The content of the norms for criminal compliance must be consolidated. The incentive mechanism for criminal compliance should be based on utilitarianism. The theoretical motivation and incentive principle of criminal compliance should be clarified to sustain its theoretical development. It is necessary to speed up the process of criminal compliance legislation to make the incentive mechanism compulsory. In order to overcome the practical dilemma in which criminal compliance still has no "law" to apply, guidance and implementation rules should be issued as soon as possible under the experimental judicial model.