Comparison,Exploration And Prospect:Study On Non-Prosecution System Of Enterprise Criminal Compliance

In recent years,with the increasingly significant negative impact of enterprises’ harmful behaviors on social and public interests,many countries have added a lot of enterprises’ illegal and criminal provisions through legislation.While the purpose of the enterprise compliance system is to form cooperation between the state and enterprises in the fight against illegal crimes,encourage enterprises to independently carry out their compliance construction work,so as to ensure the standardized operation and healthy development of enterprises.In the application of enterprise criminal compliance system,some representative countries outside the region have established their own distinctive non-prosecution mode of enterprise compliance.From the domestic point of view,the practice of starting enterprise compliance non-prosecution system is the result of innovative exploration by procuratorial organs to actively extend procuratorial functions and deeply participate in social governance.Based on the urgent need to optimize the business environment and protect private enterprises,the procuratorial organs began to conduct two phases of practical exploration of "enterprise compliance supervision pilot" in March 2020.In the pilot exploration,the procuratorial organ mainly based on the provisions of the criminal procedure law,taking the application of leniency system of guilty plea as the breakthrough point,the non-prosecution of compliance as the incentive form of criminal compliance explored in the pilot and formed a number of typical cases,which played a demonstration effect.While affirming the gratifying results achieved by pilot exploration and laying a practice foundation and forming beneficial experience for the establishment of enterprise non-prosecution system in criminal procedure legislation in the next step of our country.It should also be noted that enterprise non-prosecution practice exploration also exis such as diversified application mode of various regions,applicable object and scope of cases of enterprise non-prosecution compliance are not uniform.The application conditions need to be standardized,the test period of compliance supervision is not reasonable,and the exercise of discretionary power of procuratorial organs lacks certain constraints.It should be said that with deepening and concrete discussions about enterprise compliance non-prosecution system related problems in academic circles and abundant achievements of pilot exploration work of procuratorial organs it is ripe to establish enterprise compliance non-prosecution system in our country at the legislative level formally.The author believes that to establish the system of enterprise compliance non-prosecution in our country formally.From the point of view of present,it is necessary to resolve the selection of mode of enterprise compliance non-prosecution,and clarify the applicable conditions of enterprise compliance non-prosecution in our country and specific program design of enterprise compliance non-prosecution and the establishment of supervisory and evaluation mechanism of enterprise compliance etc.With the accumulation of practical experience and further deepening of academic discussion,our country will certainly establish enterprise compliance non-prosecution system in the legislation formally through the amendment of the criminal procedure law.