Research On Non-prosecution System Of Enterprise Criminal Compliance

At present,based on the needs of high-quality economic development and modernization of corporate governance,corporate compliance has become a concrete action to comprehensively promote the construction of corporate rule of law,and also pushes the research on this issue to further.Corporate compliance includes corporate administrative compliance,corporate criminal compliance,or corporate compliance involved in the case.Enterprise criminal compliance refers to the application of compliance plan to the enterprise involved in order to eliminate the internal criminal risk of the enterprise involved to promote the construction of compliance.In this paper,from the perspective of criminal law,by the method of normative analysis and empirical analysis enterprise criminal not to Sue to conduct a comprehensive review of compliance,describes the criminal reconciliation said enterprises is put forward,the development of compliance and pilot promotion system of the specification of the expression and practice,focus on corporate criminal compliance demonstrated the legitimacy and necessity not to prosecute,and comparative study and draw lessons from foreign related system,In order to improve the degree of institutionalization and legalization of enterprise criminal compliance,this paper puts forward the idea of constructing non-prosecution system of enterprise criminal compliance.In practice,enterprise criminal compliance non-prosecution means that after the enterprise involved is prosecuted,the procuratorial organ reviews the overall situation of the enterprise,social economic status,employment tax contribution rate,social harm of the crime,compliance construction conditions and other factors.If the conditions for compliance rectification are met,the procuratorial organ will sign a compliance rectification agreement with the enterprise to urge the enterprise to carry out criminal compliance construction,promote the transformation and upgrading of the enterprise’s internal governance structure and governance concept,further eliminate criminal risk and enhance risk prevention and control capacity.After a certain period of rectification,if the enterprise has carried out effective criminal compliance construction,the enterprise can finally make no prosecution.Since 2020,The Supreme People’s Procuratorate of China has carried out two phases of enterprise compliance pilot promotion.By April 2022,the Supreme People’s Procuratorate and the All-China Federation of Industry and Commerce held a special meeting to officially announce that the pilot compliance reform of enterprises involved in the trial will be fully implemented by procuratorial organs across the country.The judicial practice in service development and high quality according to the basic concept of the rule of law,the basic direction has taken a solid pace,but the pilot also exist in practice is not unified,suitable subject not clear,need through the government by law construction,set up under the framework of criminal procedure law of our country enterprise criminal compliance not to Sue system,In accordance with the development direction of this practice and the specific requirements of the rule of law.Was carried out in academic circle about corporate criminal compliance perspective,in the field of study,in this paper,the related literature has carried on the systematic and systematic comb,in grasps the educational world research status and research results,based on the selected in this paper,we study a certain perspective and methods,carry out the "criminal compliance companies not to prosecute the research object of description,explanation,evaluation and construction,etc.From theory to practice,this paper carries out a systematic analysis,so that the enterprise criminal non-prosecution compliance can be fully presented at the system level,and on how to carry out the specific structure design and chapter arrangement of the enterprise criminal non-prosecution compliance system in the criminal Procedure Law,this paper puts forward certain construction ideas,this paper believes that,The enterprise criminal non-prosecution system shall be set up in the special procedure of Part V of the Criminal Procedure Law,and the enterprise criminal non-prosecution system and its procedures shall be placed as a separate chapter after the procedure of the juvenile criminal cases in Chapter I of Part V.This is not seen much in the current research results,which constitutes the possible innovation of this paper.This paper is mainly divided into the following five parts:The introduction of the first part analyzes the research background,significance and research status at home and abroad of this paper,and sorts out the current academic research views on corporate criminal compliance.The second part of the enterprise criminal compliance non-prosecution system overview,mainly answer the question of what.Overview of the situation to our country enterprise compliance are introduced,and the compliance of the enterprise,the enterprise concept of the criminal compliance to set,to clarify the relationship between criminal compliance and related systems of enterprises,points out,this article discusses the corporate criminal compliance not to Sue system is different from the existing in our country at present not to Sue system,and also different from confession forfeit their system,It is an enterprise criminal compliance non-prosecution system independent of China’s current non-prosecution system.The third part analyzes the legitimacy and necessity of enterprise criminal compliance non-prosecution system and mainly answers the question why.Legitimacy part points out the construction of the system function and value of legitimacy,the need for part of the current situation of the corporate governance of crime of our country existing problems are analyzed,and points out the defects of the traditional enterprise imputation model after considering the enterprise bear the responsibility of the follow-up development,think our country building enterprise criminal compliance not to Sue system is necessary.The fourth part is the system of criminal compliance to the enterprise not to prosecute the extraterritorial investigation,comparative analysis of the main system of the United States,France and other criminal compliance related regulation,although our country and outside conditions and contextual differences exist,but outside corporate criminal compliance related system design is more mature,our country should according to the situation of our country and enterprises to draw lessons from the truth.The fifth part is the legal construction of enterprise criminal compliance non-prosecution system,and puts forward targeted suggestions and countermeasures from the legislative construction,application level,procedure level and supervision mechanism level of the system.At the legislative level,the legislative framework,applicable principles,applicable subjects and applicable scope of enterprise criminal compliance non-prosecution system should be clarified,and the penalty incentive of enterprise criminal compliance should be established.At the procedural level,we should establish the incentive mechanism of enterprise criminal compliance procedure diversion and increase the provisions of criminal procedure of enterprise criminal cases.The supervision mechanism of enterprise criminal compliance non-prosecution system defines the content and guarantee of the supervision work from the construction and responsibilities of the third-party supervisors.