Criminal Non-prosecution System For Regulation Compliance

Enterprises are an integral part of the socialist market economy with Chinese characteristics,and their role in promoting economic development is self-evident.In the face of today’s globalised economy and deepening reform and opening up,Chinese enterprises are increasingly exposed to criminal compliance risks.The purpose of building a criminal compliance system with Chinese characteristics is to mitigate the adverse effects of criminal penalties on enterprises,employees and stakeholders,and to enhance the consciousness of enterprises in preventing crime at its root.In order to reduce the criminal risks in the process of business operation,it is urgent to construct a criminal compliance non-prosecution system with Chinese characteristics.On the basis of exploring the current problems in the practice of criminal compliance non-prosecution in China,this paper finds that there are still multiple challenges in constructing a criminal compliance non-prosecution system with local characteristics,which needs to be coordinated and promoted by various parties and departments.The paper is divided into three parts:In the first part,the practical experience of criminal compliance non-prosecution in China is elaborated,the historical evolution of criminal compliance non-prosecution is explained in terms of the whole process of the implementation of criminal compliance non-prosecution by the procuratorial authorities in various places,and two models of criminal compliance nonprosecution in pilot practice are reviewed and analysed,while the four batches of typical cases published by the Supreme Prosecutor’s Office are collated and analysed to conclude that China’s criminal compliance non-prosecution in terms of the scope of application,plea of guilty and punishment,etc.The second part points out the current practice of the procuratorial authorities in different regions in the area of criminal prosecution.The second part points out the many difficulties faced by local procuratorial authorities in implementing the pilot practice of criminal compliance non-prosecution,such as the small scope of cases to which criminal compliance non-prosecution applies,the lagging initiation procedure,the urgent need to improve third-party supervision and assessment,and the lack of basic conditions for criminal compliance non-prosecution in China.The third part of the report makes suggestions for the construction of a compliant nonprosecution system in China.For example,the scope of cases applicable to criminal compliance non-prosecution should be broadened;the procedural interface between procuratorial and public security organs should be strengthened;the third-party supervision and assessment mechanism should be improved by extending the compliance test period,standardising the selection and supervision mechanism of third-party organisers,and delineating the criminal compliance assessment criteria based on the size of enterprises,and by strengthening the awareness of enterprises in establishing compliance,improving the governance mechanism of private enterprises,and enhancing the participation of industry associations to In this way,we can build a truly localized criminal compliance non-prosecution system that is suitable for China,so that Chinese enterprises can achieve healthy and longterm business development.