Enterprise Criminal Compliance Under The Leniency System Of Guilty Plea

At present,corporate compliance has become a hot issue in academic circles.Enterprise compliance has multiple meanings and different understandings from different perspectives.From the Angle of crime governance,enterprise compliance is the way of enterprise crime governance;From the perspective of corporate governance,corporate compliance is the way of corporate governance.Enterprise criminal compliance is a subordinate concept of enterprise compliance,which is a criminal incentive mechanism for enterprises to make criminal compliance plans in exchange for non-prosecution or lighter punishment in criminal cases.At present,China’s enterprise criminal compliance system is still in the embryonic stage,and how to implement it is in the exploratory stage.And the criminal Procedure Law of 2018,which has achieved good results in practice,has pointed out the direction and path for the implementation of enterprise criminal compliance.Based on the homology and purpose accommodation of the enterprise criminal compliance and the leniency system theory of guilty plea,the two can be combined together to motivate the enterprise involved in the crime,so as to reduce its criminal responsibility.The basic path is to take enterprise criminal compliance as a form of admission of guilt and leniency system,which runs through the whole process of admission of guilt and leniency system.If enterprises involved in crimes confess and make criminal compliance plans,they can be dealt with in terms of simple procedure and leniency in terms of substance.The integration of leniency system of guilty plea and enterprise criminal compliance is a preliminary attempt,but the value of the integration,system connection,procedure control and supervision and management need to be further studied.Based on this,this paper mainly analyzes enterprise criminal compliance under the leniency system of guilty plea from three parts:The first part,starting from the theory of enterprise criminal compliance,mainly discusses the meaning,historical development and value of enterprise criminal compliance.The second part discusses the integration of leniency system of guilty plea and enterprise criminal compliance,mainly from the integration of the two systems of significance,commonality,integration direction and path.The third part discusses the construction of enterprise criminal compliance system under the leniency system of guilty plea,and the reconstruction of unit criminal system and the establishment of qualifications in substantive law.In procedural law,compulsory measures of deprivation of personal freedom,compulsory investigation measures and conditional non-prosecution system should be carefully used.