Research On Construction Of Conditional Non-prosecution System For Corporate Crime

Enterprises are important subjects of market economy,and abiding by laws and regulations is the basic requirement to ensure their operation and development.However,in the process of enterprise establishment and operation,there are many criminal legal risks.Once an enterprise commits a crime,especially if it is convicted and sentenced,its reputation will be severely damaged at a light level,or it will go bankrupt and die out at a serious level,which will bring a series of ripple effects such as employee unemployment and social stability damage.Therefore,it is of great significance to study the legal and compliant operation of enterprises and construct the conditional non-prosecution system of enterprise crimes for the normal operation and development of enterprises and social stability.From outside the region,the conditional non-prosecution system of enterprise crimes plays an important role in comprehensively reforming the compliance management system of enterprises,reducing the legal risks of enterprise criminal law,stabilizing the market order and maintaining social stability.It is not only theoretically feasible,but also institutionally and practically feasible to construct a conditional nonprosecution system for corporate crimes with Chinese characteristics by drawing lessons from overseas experience.This study is divided into four parts:The first part describes the current situation of corporate crime in China and the dilemma of corporate crime governance.The corporate crime situation in China is serious,but the governance effect is not good.At present,there are three dilemma of corporate crime governance in China.First,the governance mode cannot effectively prevent corporate reoffend;second,the current governance mode often brings ripple effects such as employee unemployment and damage to social stability;third,the unbalanced allocation of judicial resources.Therefore,it is urgent to construct the conditional non-prosecution system of enterprise crime in China.The second part discusses the concept,theoretical basis and overseas practice of the system of conditional non-prosecution of enterprise crime.Enterprise crime conditional non-prosecution system is called enterprise deferred prosecution system in foreign countries.Enterprise crime conditional non-prosecution system is a kind of system in which the curatorial organ takes enterprise compliance as the condition and suspends prosecution of enterprises involved in crimes that meet the conditions.It is based on the theory of purpose penalty,prosecution cheapness and the principle of both interests.The United States,The United Kingdom,France and Singapore have established the enterprise deferred prosecution system,to avoid the fate of their enterprises to go bankrupt due to criminal prosecution,for the construction of China’s enterprise crime conditional non-prosecution system provides a certain reference.The third part elaborates on the feasibility of constructing a conditional nonprosecution system for corporate crimes from three aspects: theory,system and practice,based on the current situation in China.The concept of deliberative judicature and the criminal policy of leniency and severity provide theoretical feasibility for the construction of conditional non-prosecution system of enterprise crimes in China.The present system of conditional non-prosecution of minors in China,the system of leniency of guilty plea and the system of criminal reconciliation provide a systematic comparison and reference for the construction of the system of conditional nonprosecution of corporate crimes in China.The pilot exploration of corporate compliance reform by the pro-curatorial authorities and the judicial precedents of the judicial authorities have provided practical accumulation for the construction of a conditional non-prosecution system for corporate crimes in China.The fourth part puts forward the basic applicable principles and specific system design of our country’s enterprise crime conditional non-prosecution system.The system of conditional non-prosecution of enterprise crime in China should take equal application and crime prevention as its basic applicable principles.The system of conditional non-prosecution of enterprise crime in Our country should be applied to enterprises and their principal persons in charge equally to all enterprises.At the same time,the crimes of disrupting the socialist market economic order in Chapter 3,disturbing the social administration order in Chapter 6 and Chapter VIII the crime of embezzlement and bribery shall be the scope of charges,and the crime of endangering national safety should not be applicable.The decision-making procedure should be decided by the proprietorial organ,suggested by the public security organ and applied by the enterprises involved;In terms of the inspection and evaluation mechanism,it is suggested that the administrative department form a special committee to lead the compliance construction of enterprises.The committee can hire and select professionals to form a third-party organization,and then the third-party organization will be involved in the daily compliance construction of enterprises.On the supervision and relief mechanism,the supporting hearing system should be established and the victim should be given the right of supervision and the right of reconsideration of the enterprises involved.