Research On Non-prosecution System Of Enterprise Compliance

Under the dual factors of hindering the development of my country’s local enterprises overseas and implementing the decision and deployment of the CPC Central Committee to protect the development of private enterprises,my country’s procuratorial organs have started pilot work on the reform of the corporate compliance non-prosecution system since 2020,and have achieved remarkable results.The first is the introduction of the non-prosecution system for corporate compliance,which not only improves my country’s non-prosecution system,but also reflects the concept of restorative justice.The second is the introduction of the corporate compliance non-prosecution system,which breaks the traditional way of convicting and sentencing corporate crimes（unit crimes）,and diversifies the means of convicting and sentencing corporate crimes in my country.Third,the corporate compliance non-prosecution system is conducive to encouraging companies to establish a complete compliance system,improve their internal governance and risk prevention and control mechanisms,and effectively prevent companies from losing market competitiveness due to legal risks.Fourth,the introduction of the corporate compliance non-prosecution system is a manifestation of the procuratorial organs’active performance of social governance functions in the post-epidemic era,a manifestation of the procuratorial organs’efforts to help enterprises develop and optimize the market environment,and a manifestation of the procuratorial organs’"prosecutorial wisdom".reflect.Finally,the construction of the corporate compliance non-prosecution system is a systematic project,which requires not only the participation of judicial organs,but also the cooperation of administrative organs and enterprises,fully combining the forces of various social elements to form a governance model of social co-construction.By learning from the development model of the non-prosecution system of foreign companies and combining the actual situation in my country,there are two main modes of exploration of the corporate non-prosecution system by the procuratorial organs in China.When the procuratorial organ makes a relatively non-prosecution decision on the company involved,it also proposes compliance inspection recommendations to it,and orders the company involved to carry out compliance rectification work;Sign a compliance plan agreement with the company involved in the crime,and the company involved promises to complete the construction of the corporate compliance system in accordance with the content of the compliance plan.Decision not to prosecute.To sum up,based on the practical experience of foreign and domestic enterprises’compliance and non-prosecution system,the author puts forward several suggestions for improving my country’s corporate compliance non-prosecution system.First,establish a non-prosecution system for corporate compliance in the procedural law as soon as possible,which can be established in the procedural law in the form of an amendment to the criminal law;Third,strengthen the coordination and cooperation between procuratorial organs and administrative organs,through the connection between criminal procedure law and administrative laws and regulations,Encourage enterprises to establish effective corporate compliance systems;fourth,procuratorial organs formulate guidelines for specific practice standards that meet corporate compliance plans,so that the corporate compliance non-prosecution system can really play a role.