Deferred Prosecution Agreement System And Its Feasibility Analysis

The deferred prosecution agreement system is booming in the United States.In order to alleviate conflicts between the punishment of corporate crimes and the negative consequences of prosecuting corporate crimes,the prosecutor signs an agreement with the criminal company by the defendant company’s volunteering to cooperate with investigations,paying a fine,establishing or improving the corporate compliance system within the inspection period to obtain the suspension of prosecution.At that time,the defendant company will no longer be in danger of being prosecuted and convicted.Through this system,the purpose of punishing crimes can be achieved through fines,and it can also be used to prevent crimes through corporate compliance.Now our country is in a stage where the economy is shifting from high-speed to high-quality advancement.Companies have also become an important driving power for economic advancement and innovation.Faced with the negative consequences of prosecuting corporate crimes,our country can learn from the United States’ deferred prosecution agreement system.The system is used to coordinate the contradiction between the punishment of crime and the maintenance of social and economic development.For this,the author analyzes and studies the origin and development of the deferred prosecution agreement system,basic theory and the feasibility of localizing the system.The introduction part introduced the research basic content,including realistic background,current situation,methods,innovations and deficiencies..Chapter One explains the origin and development of the deferred prosecution agreement system by analyzing its the germination process,growth process,and the process that has gradually become the main method of the prosecutor dealing with corporate crimes.At the same time,while other countries in the world were learning the US deferred prosecution agreement system,the British reformed it and formed a judicial review model that is different from the US prosecutor’s discretionary model,placing the negotiation and enforcement process of deferred prosecution agreements under judicial supervision.Under judicial supervision,the fairness and scientific nature of the deferred prosecution agreement system has been further guaranteed.The second chapter summarizes the basic theory of the deferred prosecution agreement system.On the one hand,by explaining the theoretical basis of the deferred prosecution agreement system,its relationship with the plea bargaining,its positive effects in development,and the doubts it has received,the author comprehensively expounds the advantages and disadvantages of the deferred prosecution agreement system and the fact that it has happened or the worries that is about to happen in practice.On the other hand,it focuses on the content of criminal compliance in corporate compliance.By explaining the basic concept of corporate compliance and the relationship between corporate compliance and the deferred prosecution agreement system,the author explain that corporate compliance is the core in the deferred prosecution agreement system and can play a role in the defense of the company in the handling of corporate crimes.The third chapter analyzes the feasibility of learning the deferred prosecution agreement system in our country.Starting from the existing foundation in our country,the author analyzes the background of economic development and economic crime in our country,the system basis of the system of leniency on admission of guilty and acceptance of punishment and the system of conditional non-prosecution,the emergence of "compliance +non-prosecution" on the basis of practice in the first compliance case and the idea of "closing litigation and stopping litigation" since ancient times,the author believes that the system is necessary and conditional for my country to learn the deferred prosecution agreement system.However,at the same time,our country is also facing certain difficulties and obstacles in studying.At the level of criminal law,the principles of unit crime are ambiguous,the scope is narrow,the punishment mode is single,the sentencing is mild and moderate,the prosecutors are not motivated,and the connection between the criminal law and company law is ambiguities and inconsistencies.Finally,it is conceived for my country to learn and learn from the deferred prosecution agreement system.Through the criminal law,the principle,scope,punishment mode and sentencing standards of unit crimes are envisaged,the prosecutor’s motivation is analyzed,and the criminal law and the company law are connected.The last is the conclusion of this article,which summarizes the development of the deferred prosecution agreement system and makes recommendations for the future development of the system in our country.