Research On The Construction Of Enterprise Compliance Non Prosecution System

Enterprises are an important main body of my country’s market economy.In recent years,Chinese enterprises have been facing various risks brought about by the unsound compliance system,among which the criminal risk is the most intense.These risks not only directly affect the survival and development of enterprises,but also cause a series of social governance problems.At present,my country is carrying out pilot work of corporate compliance reform and exploring ways of criminal incentives for corporate compliance,but has not yet established a corporate compliance non-prosecution system at the legislative level.This system is a criminal procedure system in which enterprises suspected of committing crimes through compliance rectification in exchange for procuratorial organs not prosecuting.Corporate compliance is a need for corporate development and social governance.It is necessary to motivate corporate compliance through non-prosecution procedures.Currently,non-prosecution procedures in my country cannot solve corporate compliance problems,and the corporate compliance non-prosecution system is conducive to implementing a criminal policy that combines leniency and strictness.,is conducive to saving litigation resources,so it is indeed necessary to build an enterprise compliance non-prosecution system.At present,the practice of corporate compliance reform has achieved good results.The conditional non-prosecution procedure and leniency in plead guilty and punishment in the current Criminal Procedure Law provide the soil for the establishment of the corporate compliance non-prosecution system.Therefore,the localization of the corporate compliance non-prosecution system has feasibility.Referring to the reform pilot cases and extraterritorial experience,this paper analyzes the four basic issues of the enterprise compliance non-prosecution system,the scope of application,the start-up stage,the model selection and the subject of compliance supervision.The object of non-prosecution includes the enterprises and individuals involved in the case;the start-up stage of the procedure is the stage of review and prosecution;the criminal compliance mode combining procuratorial advice and non-prosecution should be adopted;a third-party compliance supervision mechanism should be established.The program design of the enterprise compliance non-prosecution system mainly includes four processes: the investigation and review of the involved enterprise,the formulation of the compliance plan,the implementation and supervision of the compliance plan,and the acceptance and processing of the results.