Research On Enterprise Compliance With Conditional Non-prosecution Procedures

Enterprises are important players in supporting the sustainable and sound development of the socialist market economy with Chinese characteristics.At present,private enterprise compliance plays a more prominent role in promoting high-quality economic development.Enterprise compliance is a systematic and comprehensive system,which is divided into three dimensions.First,corporate governance compliance;Second,criminal incentive compliance;Third,lawyers’ compliance business.What this paper studies is criminal incentive compliance.The criminal law introduces entity identification as non-crime treatment and procedural non-investigation of criminal responsibility from the perspective of system construction,which are called "entity crime" and "procedural crime".Non-prosecution system is stipulated in the provisions of criminal procedure law,which is non-prosecution treatment of the criminal subject from the perspective of procedure,namely the realization of "crime" from the perspective of procedure.In this way,criminal incentives for enterprises are carried out.But at present our country Criminal Procedure Law has not yet stipulated the procedure of conditional non-prosecution according to enterprise compliance.Although the relevant procedures have been implemented in the pilot,the applicable standards are different and the procedures are chaotic.In judicial practice,there are some dilemmas that need to be solved urgently,such as confusion of matters to be examined before commencement,unclear provisions on applicable conditions for non-prosecution,unclear investigation procedures,and incomplete connection between execution and execution.Therefore,based on the legal basis of compliance with conditional non-prosecution procedure,this paper analyzes the practice situation of conditional non-prosecution procedure in our country,and investigates and learns from other countries deferred prosecution procedure.Based on this,this paper puts forward the improvement of our country’s compliance with conditional non-prosecution procedure.In addition to the introduction and conclusion,this paper is divided into four parts:the first part is the legal basis of compliance conditional non-prosecution procedure.Theory can provide support for the research.This part attempts to expound its profound theoretical connotation by systematically elaborating the systematic theory of constructionism,the theory of penalty and the principle of proportionality,and provides theoretical support for the following paper.The second part is the compliance with the conditional non-prosecution procedure present situation and dilemma in our country.In judicial practice,our country pilot practice of compliance with conditional non-prosecution procedure has three kinds.First,no prosecution,after the procuratorial suggestions;Second,first procuratorial suggestions,after no prosecution;Third,the first third party supervision and evaluation,after the non-prosecution.Through the comparative analysis of the three pilot practices,it is clarified that the current practical dilemmas mainly include imperfect criminal legislation,unclear application conditions,unclear investigation procedures and incomplete connection of execution.The third part is the investigation and enlightenment of the compliance deferred prosecution procedure outside the country.A stone from another mountain can attack jade.Foreign compliance deferred prosecution program provides a feasibility idea to improve our country compliance conditional non-prosecution program.The fourth part is how to improve the conditional non-prosecution procedure in our country.It explored setting investigation procedures beforehand,starting the compliance with conditional non-prosecution procedures by category,organizing a hearing on "dual-rule and parallel",establishing four paths into reverse non-prosecution by punishment,perfecting our country’s compliance with conditional non-prosecution procedure,and constructing our country’s localization enterprise compliance with conditional non-prosecution procedure.