Research On Conditional Non-prosecution System Of Corporate Crime

In the current stack under the action of many kinds of unstable factors at home and abroad,our country corporate crime presents the growth speed,involving the characteristics and misdemeanor cases in fields of specialization,and the influence of the traditional theory of unit crime,easy to cause irreparable to private corporates collateral damage,difficult to achieve the ideal effect of preventing crime,So that our country is facing more and more severe challenges in the field of corporate crime governance.Relevant countries outside the region apply the deferred prosecution agreement system to corporates involved in crimes and creatively assign many values to them,such as preventing corporate crimes,reducing external risks and promoting compliance management,which has played a significant role in maintaining economic and social stability.Existing corporates in our country criminal prosecution and punishment system running effect under the current situation of the poor,from the corporate crime,protection of private corporates,optimize the idea of doing business,it is necessary to draw lessons from deferred prosecution agreement system in China to design corporate crime specifically for special procedure,change the traditional give priority to in order to punish crime crime management mode of corporate,Decriminalization and reform of corporates involved in crimes by means of compliance incentives.This paper mainly from the two aspects of the suspension of prosecution agreement system and the compliance reform practice of Chinese corporates,put forward the suggestion of building the conditional non-prosecution system of Chinese corporates.In addition to the abstract,introduction and conclusion,The text of this paper involves four parts.The first part is the system overview,expounds the meaning of corporate crime conditional non-prosecution system,summarizes the characteristics and value of corporate crime conditional non-prosecution system.The second chapter introduces the governance mode of outside legal person crime,in some typical countries,summarized the operation mode of the system of deferred prosecution agreement,further comparison between countries in the related legislation and practice of the differences,advantages and disadvantages of the deferred prosecution agreement system are obtained,and analyze the corporate governance pattern of our country crime outside of revelation,It provides reference for future legislative revision of criminal Procedure law in China.The third part introduces the current pilot work of corporate compliance non-prosecution in China,clarifies the promotion process of corporate compliance reform based on the axis of time nodes,summarizes and summarizes the two modes of non-prosecution in compliance concluded by Chinese procuratorial organs in practice,and explains the huge advantages of the conditional non-prosecution mode.Finally,the theoretical disputes and practical problems in the pilot work are discussed,and preliminary solutions are given.The fourth part is based on the theoretical analysis of the previous article,combined with the relevant legislation and practice abroad and the beneficial experience accumulated in the local pilot work,from multiple perspectives,including the scope of application,initiation procedure,inspection procedure,supervision and relief procedure,the procedure of conditional non-prosecution of corporate crime in China is designed.