Research On The Application Of Enterprise Compliance Non-prosecution

The vigorous development of the private economy plays an important role in the overall healthy development of China’s economy,but the resulting increase in corporate and entrepreneurial crime cannot be ignored.Strengthening judicial protection and crime prevention for private enterprises has become the focus of China’s judicial authorities.The corporate compliance non prosecution system originating from the United States provides a good template for China’s governance of economic crimes committed by private enterprises.However,as an introduced system,there is inevitably a situation of acclimatization in China’s current judicial environment,and there are many controversies in many aspects.This article will focus on discussing the relevant provisions on the application conditions of the compliance non prosecution system in private enterprises from three parts:The first part mainly introduces the basic introduction of the corporate compliance non prosecution system.Through an introduction to the relevant provisions on non prosecution of corporate compliance outside China and the existing definitions of relevant documents on the non prosecution system of corporate compliance in China,as well as the definition of its connotation by relevant scholars,this article proposes its own definition of non prosecution of corporate compliance.Then,it introduces the "institutional basis" of the corporate compliance non prosecution system,including the theory of consultative justice,crime prevention theory,and Restorative justice.Finally,it introduces the improvement of the corporate compliance,and the value of legal practice.The second part introduces the existing regulations on the application conditions of the non prosecution system for enterprise compliance in China,and evaluates them.In terms of applicable prerequisites,the article introduces the prerequisites for enterprises to operate normally,voluntarily plead guilty to punishment,and commit to establishing compliance mechanisms as stipulated in relevant policy documents,and affirms the significance of the applicable prerequisites as stipulated in the documents;In terms of applicable subjects,introduce the relevant documents of China’s enterprise compliance system on the applicable provisions of enterprises,entrepreneurs,and the scale of enterprises,and raise doubts about their applicability to entrepreneurs and small and micro enterprises;In terms of applicable types of crimes,the applicable provisions for economic crimes and official crimes were introduced,and the positive role of limiting crime types to those related to production and business activities was affirmed;In terms of setting up the testing period,the provisions of policies and systems related to enterprise compliance were introduced,and the necessity of setting up the testing period was affirmed;In terms of prohibitive conditions,the article introduces the prohibition of individual crimes,illegal acts committed by companies with the purpose of committing crimes,terrorist activities,and crimes endangering national security as stipulated in relevant documents,and affirms the necessity of the prohibition conditions.The third part proposes its own suggestions for improving the current construction of China’s enterprise compliance system and related disputes and problems in the judicial and academic circles,and proposes the applicable conditions for China’s enterprise compliance non prosecution system.Mainly from these three aspects: in terms of scope of application,it is proposed that the subject of corporate compliance only applies to enterprises,not individuals;In terms of the inspection period,it is proposed that strict supervision and inspection of enterprises should be implemented,with the enterprise hiring a third-party institution to supervise the compliance construction,and the inspection period should be set at one to three years to ensure the implementation of the compliance plan construction;Regarding the introduction of third-party regulatory mechanisms,we will improve the selection conditions and responsibilities of third-party regulatory mechanisms.