Research On Conditional Non Prosecution System From The Perspective Of Corporate Compliance

In order to reduce the negative impact of criminal punishment on enterprises,fundamentally improve the prevention awareness of enterprise crime,and establishing a corporate compliance management mechanism is a general trend.The criminal incentive that is not prosecuted in corporate compliance is promoted to promote the construction of corporate compliance.Corporate compliance categories are not prosecuted under the leading leadership of the procuratorate,for those of the relevant conditions,under the premise of establishing or improving the corporate compliance management mechanism,accepting a certain period of time,accepting The procuratorial organ is dominated to meet the system that does not prosecute decisions after relevant conditions.Compliance adsories are not prosecuted to governance as a policy basis,with incentive theory as a logical starting point,which is important for enhancing the enthusiasm of enterprise autonomy,and reducing business crimes is of great significance.In recent years,my country has achieved some achievements in the process of corporate compliance,and the pilot organs will continue to introduce relevant reform documents,and continuously improve compliance and do not prosecute the applicable processes,and actively explore third-party independent supervisors.,Made great contributions to the smooth progress of my country’s pilot reform.At the same time,many limitations have also been revealed,most pilot organs are relatively unsuitable as the reform basis.Due to the relative factor of the system,the reform of the company’s compliance does not prosecute,the scope of application is narrow,and the responsibility of corporate responsibility and the responsibility of the relevant personnel shall be borne.Based on this,the clear establishment of corporate compliance unconditions is necessary to make up for the application constitutive limitations under the complaints of corporate complaints,and can implement joint regular reform measures in real sense to further reduce corporate crimes.Rate.The minors in the current law in my country does not prosecute the system and the incubation of critinance from the wide system to establish a system foundation for the establishment of corporate compliance.There is a systematic foundation,and there is a practical experience of domestic and foreign companies that do not prose.At the same time,the organizational basis of the prosecutor can also escort the construction of the system.Investigate the foreign corporate compliance and non-prosecution system,mainly including the discretionary model represented by the United States and the judicial review model represented by the United Kingdom.The discretionary model of the US procuratorial organs can make a decision to make a decision without a judge,and the applicable procedure is concise,resulting in full release of this system in the US judicial practice,but at the same time,the procuratorial authority Abuse,the constitutional rights of enterprises have suffered damage.And the UK’s judicial review model needs to be reviewed by judges.The prosecutor’s power can be strictly controlled,but because applicable procedures are more cumbersome,they have not improved judicial efficiency,while also bringing greater pressure to the judicial system.In the process of specific institutional construction,my country should first solve the problem of model choice.Since my country has not participated in the various systems in the review of the prosecution,and my country has greatly in improving judicial efficiency,relieving judicial system pressure.The need must be selected to make institutional construction.Second,the application range can be expanded,and the case conditions can be widely used,and the principles of the company and the relevant responsible persons are clearly defined.Again,the process design of the system should also be specifically,including the initiative of the program,considering the seriousness of crimes,and the principles of crimes and other factors,the agreement can be used to learn from foreign mature experience and establish independence in the judicial background.Supervisor mode for investigation supervision.The final procuratorial authority shall conduct a review assessment of the independent supervisors to conduct a review and evaluation of the various institutions to organize the hearing,and consider the final decision.