The project conducts comparative research between the USA and Germany on compliance program regimes in order to determine how such programs can best be implemented in China at both, a legislative and practice level.

The pro­ject con­ducts com­par­at­ive re­search between the USA and Ger­many on com­pli­ance pro­gram re­gimes in or­der to de­term­ine how such pro­grams can best be im­ple­men­ted in China at both, a le­gis­lat­ive and prac­tice level.

As glob­al aware­ness has been raised about the haz­ard­ous nature of cor­por­ate crimes and their huge im­pact on so­ci­ety, the im­port­ance of coun­ter­meas­ures has been re­cog­nized in­ter­na­tion­ally. Strong com­pli­ance pro­grams are un­der­stood as of­fer­ing a prom­ising ap­proach to es­tab­lish sys­tem­at­ic su­per­vi­sion and meas­ures in cor­por­a­tions in or­der to pre­vent the com­mis­sion of cor­por­ate crimes. Com­pli­ance pro­grams are foun­ded on the con­sid­er­a­tion that in­tern­al con­trol with­in cor­por­a­tions them­selves is more ef­fect­ive at pre­vent­ing cor­por­ate and white-col­lar crimes than ex­tern­al con­trol/de­terrence ex­er­ted by law en­force­ment agen­cies. However, everything comes with a price: set­ting-up a series of ex­tra meas­ures against po­ten­tial in­sider mis­con­ducts can be bur­den­some to cor­por­a­tions and dam­aging to com­pet­i­tion. Thus, im­port­ant ques­tions need to be asked about how to best in­centiv­ize com­pan­ies in­to im­ple­ment­ing and main­tain­ing com­pli­ance pro­grams.

Giv­en the dif­fer­ent dif­fer­ent ap­proaches taken in the US and Ger­many, it is worth ex­plor­ing the reas­ons be­hind this di­ver­gence in or­der to un­der­stand the per­spect­ives and con­texts. From the view­point of China, by un­der­stand­ing how laws are im­ple­men­ted in oth­er coun­tries, it too can de­term­ine how to best im­ple­ment com­pli­ance pro­grams against its own so­cial and leg­al back­ground. To this end, the pro­ject will an­swer the fol­low­ing ques­tions:

•          From a crim­in­al law per­spect­ive, how do dif­fer­ent norm­at­ive reg­u­la­tions im­pact the ef­fect­ive im­ple­ment­a­tion of com­pli­ance pro­grams?

•          From a crim­in­o­logy and crim­in­al law per­spect­ive, how do dif­fer­ent ap­proaches of whis­tleblow­ing af­fect com­pli­ance pro­grams?

The ef­fect­ive­ness of com­pli­ance pro­grams will be judged by how well they have been en­forced, at what cost they had been car­ried out, and how they have im­pacted on crim­in­al be­ha­vi­or