| 2020 is the first year of non-prosecution of corporate compliance in China.Non-prosecution of compliance is a new governance model for corporate crime,and companies are reborn at a cost.The applicable objects and methods of the enterprise compliance non-prosecution system have important normative significance such as improving the criminal incentive of enterprise compliance,maximizing the effect of crime prevention,and effectively connecting substantive law and procedural law.However,after nearly three years of trial,there are some problems to be solved in the scope and mode of application of the non-prosecution system for enterprise compliance,both in practice and in the academic circles.The applicable objects and applicable methods of the enterprise compliance non-prosecution system interact and influence each other.The good matching of the two can improve the compliance effect of the enterprise,save judicial resources and protect substantive justice.By exploring the relevant systems of the applicable objects and methods of non-prosecution of enterprise compliance in foreign countries,drawing on and absorbing foreign experience,and based on the practice and actual situation of our country,the applicable objects of non-prosecution of enterprise compliance should not only include misdemeanors,but also include felonies.It should be applied to enterprises rather than relevant responsible persons,and should be applied to large and medium-sized enterprises rather than small and micro enterprises.The application mode of non-prosecution of enterprise compliance should be selected according to the suspected crimes of the enterprise.The mode of ’ procuratorial suggestion + discretionary non-prosecution ’ should be applied in misdemeanor cases,and the mode of ’ conditional non-prosecution ’should be applied in felony cases,so as to achieve the least resource consumption,the highest efficiency and the best effect of the non-prosecution system of enterprise compliance. |
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