Practical Dilemma And Path Thinking Of Corporate Compliance Non-prosecution System

As a brand-new system exploration,the corporate compliance non-prosecution system has enriched my country’s corporate crime governance methods and played an important role in preventing corporate crimes and optimizing the allocation of judicial resources.Since the pilot program in 2020,it has been favored by pilot units,but with the deepening of the system,the difficulties in pilot practice have become more prominent.First of all,this paper starts with four typical cases,and initially deduces the practice mode and practical dilemma of the pilot program of China’s enterprise compliance non-prosecution system;secondly,by taking typical cases as the starting point and 30 sample data as the support that the application status of the system,the paper analyzes and summarizes three practical dilemmas faced by the reform pilots: chaos in the choice of the non-prosecution model and ambiguity in the applicable standards,the expansion of the procuratorial power leads to the poor connection and cooperation between the public,procuratorial and judicial organs,and the power hidden under the discretionary power.The problem of rent-seeking space;then,by clarifying the legal connotation,theoretical basis and corresponding jurisprudence analysis of the corporate compliance non-prosecution system,it aims to seek theoretical basis for solving the practical dilemma;This paper analyzes the characteristics of the national or regional deferred prosecution system,so as to learn from its advantages to optimize the exploration path of China’s enterprise compliance non-prosecution system.The practical dilemma encountered in the exploration of the non-prosecution system,this paper tries to think about the path from the following aspects:First,no matter from the perspective of system carrier,scope of application or compliance motivation,the conditional non-prosecution model of enterprises has relative Therefore,the conditional non-prosecution mode should be determined in the path selection;second,the path optimization of the conditional non-prosecution mode of corporate compliance should be carried out,mainly from three aspects: the scope of application,the conditions of application,and the inspection mechanism;thirdly,in view of the problem of poor internal connection mechanism between public security,procuratorial and legal organs,a corporate compliance working mechanism led by procuratorial organs and multi-subject participation should be established;forthly,from three aspects: promulgating effective compliance standards,establishing a third-party supervision and evaluation mechanism,and promoting open and transparent compliance procedures,so as to strengthen the external supervision mechanism to regulate the discretionary power of procuratorial organs.