Research On Plea-guilty And Punishment System For Enterprise Compliance

Driven by the "Belt and Road" initiative,a large number of Chinese private enterprises have gone abroad to open up the international market.However,due to insufficient compliance legislation and lack of awareness of domestic enterprises,some enterprises have suffered setbacks.On the other hand,the number of corporate crimes is increasing year by year,and traditional governance methods have brought a huge impact on both the company itself and the public interest of society,which runs counter to the policy concept of creating a good business environment.Under these multiple motivations,the discussion about the introduction of corporate compliance into the legal system of our country has aroused widespread concern.In March 2020,the Supreme People’s Procuratorate launched a pilot project for corporate compliance supervision,and used six procuratorates in Shanghai Pudong New District,Jinshan District,Shenzhen Nanshan District,Bao’an District,Guangdong Province,Zhangjiagang City Procuratorate of Jiangsu Province,and Tancheng County of Shandong Province as pilot projects.Take the lead in exploring corporate compliance,trying to effectively link up with the system of plea guilty and punishing leniency.However,due to the ensuing problems,the connection of criminal litigation systems such as the legal consequences of corporate compliance,the establishment of compliance inspection periods,and compliance supervision still needs to be improved.To this end,this article first starts from the basic concepts,values and practical dynamics of corporate compliance,combined with my country’s compliance pilot work,and combines the three main models that my country has tried,namely the "relative non-prosecution model","conditional non-prosecution model" and The "Public Security Linkage Model" and related cases will be summarized and sorted out,and the practical and theoretical value of corporate compliance and confession of guilt and leniency system will be discussed.On the basis of focusing on the analysis of the main model of the introduction of the leniency system for corporate compliance,we will discuss and analyze and respond to the procuratorial suggestion falsehood,the establishment of the compliance inspection period,the compliance supervision system,and the compliance target.Clarify the effective and effective standards of corporate compliance,optimize corporate compliance,introduce a leniency system for confessing guilt and punishing,set up leniency mechanisms at all stages,and propose an effective criminal justice construction plan for corporate compliance.