Research On Non-prosecution Of Corporate Compliance

With the development of economy and society,enterprise crime presents the characteristics of increasing.The traditional criminal law takes penalty as the main regulatory means,which cannot fundamentally solve the practical problems of corporate crime,but breeds social instability.At this time,the enterprise crime management mode focusing on internal compliance prevention and control gradually entered the theoretical and practical field of view.As a new institutional exploration,the enterprise compliance non-prosecution system has shown unique advantages in the innovation of corporate crime governance concept,the efficient allocation of judicial resources,the protection of the long-term development of private enterprises,and the promotion of the construction of the business environment under the rule of law.Therefore,it is necessary to clarify the key points of system,adjust the applicable objects of system,establish appropriate regulatory methods and be clear about effective compliance standards,so as to integrate this system with our country’s judicial system and promote the formation of an effective enterprise crime prevention mechanism.The research on the non-prosecution system of enterprises is mainly divided into four parts:The first part is an overview of the corporate compliance and non-prosecution system,clarifying the basic connotation of the enterprise compliance and non-prosecution system,and demonstrating the construction of enterprise cooperation under China’s current judicial system from the perspective of crime prevention theory and criminal justice policy The necessity and legitimacy of the non-prosecution system points out the importance of this system for the procuratorial organs’ in-depth participation in the field of social governance.The second part analyzes the pilot status of the enterprise compliance non-prosecution system,summarizes the pilot results,and points out the problems existing in the pilot process,mainly including the power rent-seeking problem that may be brought about by the expansion of the prosecutorial authority’s prosecutorial discretion,as well as the relationship between the investigation agency and the procuratorial authority.There is an alienation between the administrative and judicial organs in the connection of case-handling procedures.The third part conducts a comparative study on countries with more typical operation and development of extraterritorial compliance non-prosecution systems,analyzes the deferred prosecution agreement systems in the United Kingdom,the United States and France,absorbs the advantages of the system,and discusses the criminalization tendency of corporate compliance obligations in combination with China’s national conditions.The trend of separating corporate responsibility and personal responsibility in corporate crime governance was examined to optimize the exploration path of system construction.The fourth part combines the pilot experience and the enlightenment of the extraterritorial system,and makes suggestions on the construction of the non-prosecution system for enterprises in China: clearly adopt the conditional non-prosecution model,define the subjects,crimes and the scope of crimes to which the system applies,reasonably determine the inspection period for the application of the system,and focus on the construction of compliance regulations The supervision and evaluation mechanism and effectiveness evaluation standards are so that the positive role of the enterprise compliance and non-prosecution system in promoting the healthy development of enterprises can be truly brought into play,and promote the modernization process of the national governance system.