Research On Non-prosecution System Of Corporate Compliance

As businesses face increased criminal risks,it is urgent to innovate corporate governance models.The original strict liability is easy to produce ’ rippling effect ’,which leads to the bankruptcy crisis of enterprises and makes investors,employees and social interests face danger.Corporate compliance,which originated in the 20 th century,brings institutional innovation to corporate governance.The resulting nonprosecution of corporate compliance reflects the consultative governance of corporate crime.The United States and the United Kingdom have successively established a deferred prosecution system.By reaching a deferred prosecution agreement with the enterprise,a compliance plan is established within the enterprise to help the enterprise decriminalize and reduce the possibility of corporate recidivism.Reduce the impact of criminal law on enterprises and society as much as possible.In recent years,China has gradually piloted the compliance non-prosecution mechanism into the criminal procedure law procedure by drawing on foreign experience and combining with China’s judicial practice.There are two innovations in this paper : one is the innovation of research perspective.By analyzing the difference between the current system and the concept of compliance non-prosecution,it is found that the current pilot process focuses on how to combine the quality of compliance non-prosecution with the current procedures,ignoring the focus of compliance non-prosecution.By returning to the connotation of enterprise compliance non-prosecution,find the defects of the current pilot.The second is the innovation of the system.Summarize the results of the pilot projects in various places,combine the advantages and disadvantages of the foreign enterprise compliance non-prosecution system,and propose a perfect plan for the enterprise compliance non-prosecution system.This paper compares the different views of non-prosecution of compliance,and concludes that the purpose of non-prosecution of compliance in enterprises is to establish a consultative governance system,eliminate the gene of enterprise crime,and reduce the adverse impact of criminal crime on social and public interests.By analyzing the typical cases of enterprise compliance issued by the Supreme People ’s Procuratorate and the normative documents issued by pilot units in various places,the commonalities of the cases and the flaws in the procedures are summarized.There are some problems in the current non-prosecution of enterprise compliance,such as narrow application object,unclear compliance guidance,improper procedure connection and lack of supervision.By analyzing the conceptual significance of corporate compliance non-prosecution,the advantages and disadvantages of similar systems abroad are compared.The following solutions are proposed : relative nonprosecution and conditional non-prosecution procedures are applied to different objects and crime severity.For different compliance risks,establish special compliance guidelines,standardize the ruling process of procuratorial organs and corporate compliance inspection.Effectively link compliance non-prosecution and confession and punishment.Procuratorial organs intervene in the investigation procedure of public security organs in advance to guide the investigation and evidence collection of public security organs.Through procuratorial suggestions to strengthen the connection between procuratorial organs and administrative organs,it is suggested that administrative organs put forward administrative reconciliation or administrative punishment.Strengthen the restriction on the power of prosecution and adjudication of procuratorial organs and activate the supervision power of the tripartite mechanism.