The Research On The Corporate Compliance Non-prosecution System In China

Corporate compliance non-prosecution,as a system under exploration,plays an important and positive role in implementing the criminal judicial protection of private enterprises,improving the efficiency of the rule of law and promoting the modernization of national governance system and governance capacity.However,in view of the fact that China has not incorporated non-prosecution of compliance into the current legal framework,how to introduce corporate compliance mechanism into the existing legal system and framework,and solve the incompatibility and disconnection between it and the existing public prosecution system and other substantive and procedural problems,has become an important topic for the study of corporate non-prosecution of compliance.From the current practice of compliance reform in China,the non-prosecution system of compliance in China is faced with many problems,such as big theoretical differences,narrow scope of application,single application mode,difficult choice of supervision mode,too short compliance investigation period and imperfect acceptance evaluation standard.However,through research,it can be seen that the non-prosecution system of compliance in China actually conforms to the development trend of China’s current criminal justice concept and criminal justice policies such as less arrest,careful prosecution and careful remand,which is necessary and feasible to build a system.Specifically,can be done from the following aspects,namely the applicable objects aspects can be gradually extended to large enterprises and major criminal crime,can actively promote apply incentive effect more attach conditions not to prosecute mode,can be flexible according to the specific situation to choose the appropriate regulatory model,in view of the major criminal cases of compliance can be set up more than three years of compliance review,Attention can be paid to the construction of special compliance standards and the scientificity and effectiveness of compliance evaluation and acceptance standards.