Research On The Criminal Compliance Non-Prosecution Syste

With the in-depth reform of the socialist market economy with Chinese characteristics,the vitality of enterprises has gradually been reflected,and it has become an important subject of the socialist market economy with Chinese characteristics.But the increase in the number of businesses has been accompanied by an increasingly frequent and sophisticated corporate crime scene.Although China’s criminal law has built a set of unit crime system for enterprise crime,combined with the number of enterprise crime cases,the ex-post punishment of unit crime in China’s criminal law cannot completely and effectively solve the problem of corporate crime,especially in terms of social benefits.For example,sometimes enterprises are directly deprived of their business qualifications just because of ordinary crimes,resulting in enterprises unable to operate normally or even bankruptcy,which to a certain extent will affect the unemployment rate of a region and even the economic development benefits of the region.Therefore,in order to reduce the number of corporate crimes and avoid the risk of corporate crimes,but also to cope with the global economic downturn,to create a social environment for the healthy development of enterprises,to promote enterprises to become bigger and stronger,and based on the protection of enterprises and the guarantee of social benefits,the criminal compliance non-prosecution system was put on the agenda of China’s criminal law pilot in 2020.For enterprises,this system is conducive to preventing corporate crime,improving the ability of enterprises to control criminal risks,preventing enterprise bankruptcy,maintaining a good social image of enterprises,and enhancing the market competitiveness of enterprises;For judicial organs,it is conducive to saving judicial resources,improving judicial efficiency,and promoting the social atmosphere of joint governance between prosecution and enterprises;For the society,it helps to reduce employee unemployment,maintain social stability,and promote social and economic development.However,because this system is borrowed from abroad,and in the pilot process,there are also inconsistencies in the procedures of local procuratorial organs on the application of the system: such as the choice of compliance non-prosecution mode,the choice of supervision model,the scope of criminal compliance and a series of other issues.Therefore,it is urgent to answer the questions of how and how to build this imported product in China.This paper analyzes the concept,necessity and theoretical basis of the construction of the criminal compliance non-prosecution system,and the content of the extraterritorial criminal compliance system,so as to put forward the corresponding basis for the infrastructure of the criminal compliance non-prosecution system in China.