A Study Of The Non-Prosecution System For Criminal Enterprise Compliance

The introduction of a non-compliance system for criminal enterprises into the judicial field in China has,on the one hand,increased the space for enterprises to survive and,on the other hand,enabled the procuratorial authorities to join in social governance to reflect their political role.However,this system has not yet become a formal legal system in China,China is still in the pilot practice stage of this system,the accumulation of experience is not sufficient,there are still many problems to be solved in the application process.This paper selects two typical cases of compliance issued by the Supreme People’s Procuratorate,and through the interpretation of the cases,summarizes the problems of this system at this stage,which can be briefly summarized as: the system’s application object is not accurate,the system’s regulatory mechanism is not sound and the system’s investigation criteria are not clear.In the process of discussing the above three problems,we will analyze the causes of the problems and put forward our own views or propose solutions to the problems by combining the views of the current academic and judicial circles.First of all,the object of application of the system,the author believes that the system is mostly used in small and medium-sized enterprises,mainly because of the large number of small and medium-sized enterprises in China and the high criminal risk of enterprises at this stage;the system is applied to entrepreneurs because corporate liability and personal liability are not distinguished.The author puts forward his own views on the above issues and believes that the system can be applied to all enterprises and only to enterprises.Secondly,the compliance supervision system,the author believes that at this stage,there are difficulties in the selection of the compliance supervision model and the selection of the compliance supervisor and the setting of the inspection period.Combined with the discussion of the three modes of compliance supervision on the basis of the selection of the subject of compliance supervision proposed to improve the recommendations,while in the setting of the inspection period,the author agrees with the views of some scholars proposed to differentiate the settings based on factors such as the size of the enterprise.Finally,on the compliance inspection standards,the author believes that there is the problem that the effectiveness of the compliance plan is difficult to be guaranteed and the paradigm of compliance acceptance standards.The author’s suggestion on the above two issues is not to directly apply the standards to vary from case to case and not to be formalized.Because China is still in the pilot phase of the system,for the problems that exist can be trial and error in order to avoid the design of failure,the process of the Chineseization of the system continues to require the participation of the judiciary,administrative agencies,as the parties to the enterprise and the community to cooperate.