Research On Construction Of Conditional Non-prosecution System For Enterprise Crimes

The exploration of the system of conditional non-prosecution of enterprise crimes started from the pilot work of enterprise compliance reform carried out by the procurator organs,which originated from the reflection of the criminal prosecution of enterprise crimes.At present,the "absolute prosecution +relatively non-prosecution" mode of enterprise crime prosecution has obvious shortcomings,which are embodied in the following aspects: First,the handling method of absolute prosecution is too mechanical and strict,and the practice of "heavy sanctions,light prevention" overlooks the value of enterprise self-rectification behavior.Once an enterprise is involved in crime and subjected to mechanical prosecution,it will often lead to difficulties in production and operation,and lead to a series of adverse consequences such as unemployment of workers and losses of stakeholders,which is not conducive to economic prosperity and social stability.Second,the scope of application of non-prosecution is too narrow,and the lack of corresponding supervision and correction measures for enterprises involved in crimes,easy to appear "no prosecution" situation.At present,in the pilot work of enterprise compliance reform carried out by procurator organs,the mode of non-prosecution of enterprises involved in crimes is still relatively non-prosecution,and the effect of urging enterprises involved in crimes to effectively rectify is limited.The Supreme People’s Procuratorate said it should strengthen studies on the necessity and feasibility of the conditional non-prosecution system for corporate crimes,and promote the improvement of legislation at the appropriate time.Enterprise attach conditions not to prosecute crime system,refers to the people’s procuratorate to conform to the confession forfeit and other legal conditions of enterprises in the unit crime,can attach conditions not to prosecute decision,and set a deadline for examining supervise and urge the criminal construction of compliance,and then to meet certain conditions of enterprises and related natural decision not to prosecute,do not transfer the case to the people’s court trial system.From the necessity of constructing enterprises attach conditions not to prosecute crime system point of view,the system can not only make up for the defect of the existing enterprise criminal prosecution mode,encourage enterprises to actively practice criminal compliance construction and improvement,but also help promote corporation judicial protection policy under the rule of law,balance the relationship between litigation justice and litigation efficiency.In addition,the corporate crime with the feasibility of constructing conditions not to prosecute system perspective,the academia and judicial circle in our country long-standing consultative judicial theory provide theoretical basis for its,state optimization policy of enterprise business environment and protect the private enterprise to provide policy support,according to the attached conditions of natural person crime not to Sue system of practice to provide the operation experience for many years,The pilot work of enterprise compliance reform carried out by procurator organs provides practical samples.Our country should draw lessons from the experience of other countries to construct the system of conditional non-prosecution of enterprise crimes from the following aspects: define the applicable object of the system of conditional non-prosecution of enterprise crimes;Limiting the applicable conditions of the system of conditional non-prosecution for enterprise crimes;Setting up the operation procedure of the conditional non-prosecution system of enterprise crime;Standardizing the content of enterprise criminal compliance rectification plan;We will improve the supervision and inspection mechanism for enterprises involved in crimes.The construction of the conditional non-prosecution system for corporate crimes focuses on making criminal compliance rectification plans for enterprises that meet the guilty plea and other conditions,entrusting third-party organizations to supervise,inspect and evaluate,and finally making decisions on whether to terminate prosecution according to the rectification effect and other standards.