Research On The Selection Criteria For Guiding Cases Of Corporate Compliance

Currently,the Supreme People’s Procuratorate has released four batches of 20 classic cases of corporate compliance,providing some normative guidance for the corporate compliance reform in China.However,China’s current corporate compliance reform is facing constraints from various aspects,and there is an urgent need to provide normative guidance through the introduction of corporate compliance guiding cases.Therefore,it is very necessary to clarify the selection criteria for guiding cases of corporate compliance.This necessity mainly comes from four aspects,namely,the huge gap in the compliance system,the current legislative difficulties,the practical difficulties in corporate compliance,and the urgent need for procuratorial organs to play a role in corporate compliance practice.According to the "Provisions of the Supreme People’s Procuratorate on the Guidance of Cases",the selection criteria for guiding cases of the Supreme People’s Procuratorate are divided into five aspects,namely,the legal effectiveness of the processing results,the compliance of the handling procedures with legal provisions,the guiding significance for handling similar cases,the embodiment of the functional role of the procuratorate,and the achievement of good comprehensive governance results.Classic cases of corporate compliance are a demonstration and summary of the results of corporate compliance reform in China,which has various theoretical significance and practical value.They also contain the core elements of the selection criteria for corporate compliance cases,which are reflected in the effective processing results,legal procedures for handling cases,lenient treatment of the involved enterprises,concentrated reflection of the functional role of the procuratorial organs,good comprehensive governance effects,and the overwhelming advantages of criminal compliance in classic cases.Constructing the selection criteria for guiding cases of corporate compliance through compliance reform classic cases is currently an appropriate and legitimate way to select guiding cases of corporate compliance.Correspondingly,the selection criteria for guiding cases of corporate compliance can be divided into two categories.The first category is a standard that is in line with the general selection criteria,which can be further divided into criteria that are completely consistent with the general criteria and criteria that are slightly different from the general criteria.The former includes the legal effectiveness of the processing results,the compliance of the handling procedures with legal provisions,the embodiment of the functional role of the procuratorate,and the achievement of good comprehensive governance results.The latter only includes one,the guiding significance for handling similar cases.However,personalized interpretation of the guiding significance is needed,which is the principle of combining "simultaneously letting go" with "severely punishing individuals,letting go of enterprises,and individual leniency" in handling cases.The second category is the selection criteria based on the unique nature of corporate compliance,which is the quantity balance civil and criminal guiding cases,and regulate the tendency of prioritizing criminal cases over civil cases in compliant judicial practice,Combining the two types of criteria and using them as a basis will standardize and guide the practice of selecting guiding cases of corporate compliance,ensure the quality of cases,and assist the sustained and healthy development of corporate compliance reform in China.