Research On The Compliance Mode Of Criminal Compliance Non-Prosecution

In June 2021,the Supreme Inspection Department,together with eight other departments,issued the Guiding Opinions on Establishing a Third Party Supervision and Evaluation Mechanism for Compliance of Enterprises Involved in the Case(for Trial Implementation),marking the beginning of the enterprise’s compliance system.The criminal enterprise compliance system refers to the incentive measures such as the decision of add not to prosecute,the suggestion of lenient punishment and so on,which are taken by the procurator organ to rectify the criminal risk points exposed by the enterprises involved in the case that are still worth saving,based on the effect of the rectification,so as to eliminate the possibility of reoffending by the enterprises and prevent the enterprises from falling into difficulties and bankruptcy due to being prosecuted,This will have a negative impact on the local economy and employment situation.This article attempts to take the compliance model as the research object,and the main content of the article is divided into four parts.The first and second chapters are mainly about the analysis of China’s criminal compliance model,explaining that China is currently adopting the dual inspection model combining the procuratorate suggestion model and the compliance inspection model,and then taking the typical cases released by the Supreme Court of Public Security as the research sample,starting from the problems in practice,to carry out the analysis of the single compliance model in the compliance inspection model,which is applicable to enterprises of different sizes at the same time Under this mode,the situation of procuratorate organs’ early intervention and the current situation of procuratorate organs’ exercise of supervision power over the third-party supervision mechanism under the premise of effective compliance supervision are analyzed.The third chapter is the dilemma of the selection and application of the compliance model,mainly including the dilemma of the applicable conditions of the compliance model and the dilemma of the third-party supervision and evaluation mechanism.The dilemma of the applicable conditions of the compliance model specifically includes the dilemma of the determination of the subject and the case conditions,such as the non-differentiated application of the compliance model to enterprises of different sizes and different crime enterprises,and the limitations of the conditions for the guilty plea of the enterprises involved,including the current conditions for the guilty plea of the enterprises are not divided in detail and the applicable conditions for the guilty plea of the directly responsible personnel of the enterprises involved are not specified.The difficulties of the third-party supervision and evaluation mechanism include that the enterprises involved in the case cannot fully participate in the selection of third-party supervisors,and the applicable standards and exercise supervision of the third-party supervision and evaluation mechanism are unclear.The fourth chapter of this paper proposes ways to improve the above problems,including differentiated selection of compliance models for enterprises involved in different scales and crimes;With regard to improving the third-party supervision and evaluation mechanism,including giving the enterprises involved the right to participate in the selection of third-party supervisors,that is,giving the enterprises involved the first round of third-party supervision candidates the right to take the right and the first round of intervention of the enterprises involved in the exercise of the right of objection,and clarifying the applicable standards and exercise supervision of the third-party supervision and evaluation mechanism,That is to quantify the specific standards of the third-party supervision and evaluation mechanism applied by the procuratorate organ and clarify the exercise supervision of the third-party supervision and evaluation mechanism.