Explanation On The System Of Conditional Non-Prosecution For Enterprise Compliance

Enterprise compliance conditional non-prosecution system is the main reform the procuratorial system implemented in recent years in our country,the reform measures and contents adopted are too numerous to enumerate.It is worth noting that,in view of the enterprise compliance conditional non-prosecution system is mainly a reform content dominated by the procuratorial system,so in practice,there are still problems that need to make up for the limitations of the existing legal norms and seek a reasonable integration with the existing other systems.At the same time,the practical problems of enterprise compliance conditional non-prosecution system also profoundly highlight the need to interpret and reshape it theoretically.Therefore,this paper tries to analyze the compliance conditional non-prosecution system from the theoretical and practical aspects,and provide helpful suggestions for our specific practice.On the whole,this paper mainly consists of the following parts: Chapter one explains the background and current situation of the research topic,as well as the basic methods adopted in the research process and the main contents of the demonstration.The second chapter,from the theoretical aspect,analyzes enterprise compliance,conditional non-prosecution and enterprise conditional non-prosecution system step by step and in an orderly manner,and holds that the key point lies in how to grasp the content and requirements of compliance,and how to integrate legal norms and compliance requirements in an orderly manner under the premise of reasonable discrimination.The third chapter points out the main basis and practice of the construction of enterprise compliance conditional non-prosecution system.In terms of the main basis,due to the realistic demand for reasonable rescue of micro,small and medium-sized enterprises that have already violated the criminal law,and the reasonable space to solve the problem in the existing law and system,the combined force has become the main basis to promote the construction of enterprise compliance conditional non-prosecution system.In terms of practical problems,the main problems in the current reform are embodied in the bottleneck of the crime theory in the current criminal law unit,the limitation of the existing other systems and the defects in the construction of the regulatory system design.Therefore,it is urgent to deal with and answer these problems theoretically and practically.Chapter four,combining with the practical problems in the enterprise compliance conditional non-prosecution system in our country and from the experiences of foreign countries and regions in the creation and operation of enterprise compliance system,some concrete suggestions are put forward for our practice which should be clear about applicable object,focusing on the cohesion of the system and optimizing supervision procedure.The fifth chapter is the conclusion and prospect,the article thinks that to improve the system of compliance conditional non-prosecution,we should pay attention to the existing boundary between regulations and legal norms in compliance,and consider how to integrate the two orderly under the premise of reasonable differentiation of the two.At the same time,in view of our specific practice,the reform of enterprise compliance conditional non-prosecution system should be a whole project and design,which can not be achieved by some organization independently.Therefore,we should pay attention to the overall planning and planning of the reform,and highlight the orderliness,diversity and interaction of the participants.