Localization Investigation And Reconstruction Of The Corporate Compliance Non-prosecution System

The problem of corporate crime in China has always been a stubborn disease in the development of the market economy,and among them,private enterprises have suffered the most.Once a weak private enterprise is prosecuted or convicted by the judicial organs,it will not only face unbearable criminal penalties,but may also fall into the desperate situation of freezing business assets,imprisoning key members,restricting financial services,losing market access qualifications,and even bankruptcy.Corporate crime not only affects the legitimate rights and interests of innocent third parties such as employees,investors,partners,and customers,but also causes serious damage to local social stability and economic development,and even worsens the local business environment.In order to solve this situation,China’s judicial organs continue to try to give more judicial care to private enterprises in criminal proceedings.Looking at the world,in order to find a balance between severely punishing corporate criminal acts and avoiding causing major losses to enterprises,Western countries have gradually explored a compliant non-prosecution system represented by the suspension of prosecution agreement.This extraterritorial practice has opened up new ideas for the governance of corporate crime in China,and the Supreme People’s Procuratorate launched the exploration of enterprise compliance reform targeting small and medium-sized private enterprises in March 2020.In the pilot process,due to the huge differences between China’s judicial theory,legal system,business environment and social concepts and Western countries,a series of unique judicial practice issues have arisen.To solve these problems,we should closely follow the governance environment of enterprise crime in China,and on the basis of correctly grasping the function of the compliance non-prosecution system,rely on the current legal framework of criminal procedure in China to carry out localization transformation of compliance non-prosecution,so as to make it an effective system for the punishment and prevention of corporate crime at the current stage in China.