| The non-prosecution system of corporate compliance means that when the procuratorial organ finds that the company suspected of committing a crime has the will to establish a compliance system and promises to establish an effective compliance management system,on this premise it orders the company involved to put forward a special compliance plan based on the facts of the crime.The general term for a system that promotes the establishment of a corporate compliance management system and then makes a decision not to prosecute.This is a criminal strategy exploration of corporate compliance construction at the national level,and it is another major institutional reform aimed at preventing commercial risks in the international community,implementing protection of private economic development,and expanding the social governance function of procuratorial organs.At present,the construction of the non-prosecution system of corporate compliance has become the key content of the pilot project of criminal compliance,and it is at a critical stage of in-depth advancement.On the basis of summarizing the related concepts of non-prosecution system of corporate compliance,this paper discusses the extraterritorial exploration of non-prosecution system of corporate compliance and the current state of practice in China.The last part of this paper is proposed for the legislative structure of the non-prosecution system of corporate compliance.The thesis is divided into four parts:The first part introduces the concept,connotation and value of corporate compliance,criminal compliance and non-prosecution system of corporate compliance based on classic cases.The second character analyzes the pilot situation of Chinese non-prosecution system of corporate compliance,proves that it is necessary and possible to introduce non-prosecution system of corporate compliance in China,and explains the "deferred prosecution agreement system" and "prosecutorial suggestion" explored in the reform.The third character studies the key issues in the pilot program of the enterprise compliance non-prosecution system,including the restriction on the discretionary power of the procuratorial organization,the localization of the corporate compliance supervision inspection period,and the application of corporate compliance nonprosecution.and other typical issues,and put forward countermeasures,insist on promoting reform through pilot projects,and promote the localization process of corporate compliance and non-prosecution system.The fourth character discusses and examines the deferred prosecution agreement system implemented by a series of countries represented by the United States,ummarizes the results of the pilot implementation of the non-prosecution system of corporate compliance in the country in the past two years.Legislative path,the legislative model of the non-prosecution system of corporate compliance,and the integration and connection with the current legal system were discussed. |
