Research On The Choice Of Non Prosecution Mode For Enterprise Compliance

The application of the corporate compliance non prosecution model focuses on minor unit crime cases in small,medium-sized,and micro enterprises,which is a drawback of the current pilot practice of focusing on the relatively non prosecution model;Moreover,the current pilot practice of piloting the compliance non prosecution model separately and applying it separately has also led to distortion in the comparison of the advantages and disadvantages of the model data.Therefore,on the issue of how to choose a non prosecution mode for enterprise compliance,the objectivity of data needs to be verified.To solve this problem,we should turn to a new perspective,starting from the legal basis of the current pilot mode,and address the conceptual issue from the root cause.The current pilot mode mainly includes two modes: relative non prosecution and conditional non prosecution.The relative non prosecution mode is a compliant non prosecution mode based on legal principles such as "ex post facto remedy","personal interest maintenance",and "authoritarianism";The conditional non prosecution model is a compliant non prosecution model based on the values of "prior prevention","public interest maintenance",and "negotiation doctrine".From the perspective of domestic and foreign scholars’ understanding of the compliance non prosecution system,the legal basis of the relative non prosecution model does not meet the legal requirements of the compliance non prosecution system.Its emphasis on remedies,personal interests,and advocacy of authoritarianism are not in line with the original intention of the compliance non prosecution system to prevent companies from committing crimes again and help companies escape crime,while the conditional non prosecution model focuses on prevention The values of public interest and the promotion of consultative doctrine are more compatible with the institutional purpose of the compliance non prosecution system.Therefore,theoretically,the legal basis of the conditional non prosecution model is more suitable for the value requirements of the compliant non prosecution system.Not only that,but also its reflection in the comparison of specific systems is that the conditional non prosecution mode is more dominant.The conditional non prosecution model can enable the compliance review period and compliance supervision of the enterprises involved in the crime to be reasonably and effectively implemented,and can also expand the scope of application to large and multinational enterprises.However,compared to the non prosecution model,it lacks the above institutional advantages.Large and multinational enterprises,as enterprise organizations with deeper integration with society,more comprehensive fields of involvement,and a larger number of radiating personnel,have a stronger sense of impact on society once they commit crimes.Therefore,the focus of the current unreasonable regulation of corporate compliance non prosecution should be shifted to regulating large and multinational enterprises.Based on this,in the selection of models,the focus should be shifted to the conditional non prosecution model,focusing on this model,focusing on regulating large and multinational enterprises;At the same time,considering domestic policy requirements,taking into account the protection of the interests of small and medium-sized enterprises,supplemented by a relatively non prosecution model.This compliance non prosecution model,which is mainly based on conditional non prosecution mode and supplemented by non prosecution mode,is more suitable for the current situation of China.It not only takes into account the urgent need to protect small and medium-sized enterprises in China,but also does not lose the original system intention of the compliance non prosecution system,which will help to carry out specific localization construction of the compliance non prosecution model.