Research On The Deferred Prosecution System From The Perspective Of Criminal Compliance

The deferred prosecution agreement system,which originated in the United States,has exerted a profound influence on the criminal procedure system of other countries,has gradually been accepted by increasingly countries,and has been used as an important method for handling corporate crime cases.Although there are many controversies in this system,such as condoning crimes,reducing the deterrent force of punishment and granting excessive discretion to prosecutors,the deferred prosecution system can take into consideration the interests of all parties,has the function of punishment and prevention,and can optimize the allocation of procuratorial powers and promote the reform of the procuratorial system.In the process of introducing the system,various countries have carried out different degrees of localization transformation and formed their own characteristic deferred prosecution system.According to different review methods,the deferred prosecution system can be roughly divided into two models,namely the " prosecutorial discretion model" and the "judicial review model".Among them,the USA and the UK are the two most representative countries.In addition to the differences in review methods,there are many differences between the two countries’ deferred prosecution systems,but there are also many similarities.At the same time,they have important reference value for our country in terms of the scope of application and applicable standards of the system.At present,based on various factors such as solving the dilemma of handling unit crimes,improving the social and commercial environment,and advancing the reform of the procuratorial system,our country’s procuratorial organs have begun the pilot reforms of non-prosecution for compliance since 2020.The reform has made some progress.Up to now,the second round of reform has been carried out.The procuratorates participating in the pilot work have shown their abilities,A large number of theories have appeared.But at the same time it is also facing controversy and many problems.Whether the pilot reform has made progress or is controversial,its essence still operates under the framework of China’s relative non-prosecution system.It has great limitations and needs to seek greater institutional space.The experience of extraterritorial suspension of prosecution system provides a useful reference for our country.At the same time,China’s current criminal legal system and judicial practice also provide a practical basis for the constitution of deferred prosecution system.Therefore,combining foreign comparative analysis and domestic pilot exploration experience,this article puts forward the specific construction ideas of deferred prosecution system in China,including the applicable objects,the applicable conditions,the compliance inspection and the specific procedures of the deferred prosecution system.