Research On Non-prosecution System Of Enterprise Compliance

Enterprises are an important subject of Chinese characteristic socialist market economy and play a vital role in the social development.However,under the background of economic globalization,Chinese enterprises’ crime waves are turbulent,and they are experiencing compliance problems and tests.In the modern consultative judicial concept and the promotion of criminal policy of tempering leniency and severity,procuratorial organs actively participate in enterprise governance to maintain the healthy development of market economy,in order to strengthen the judicial protection of private enterprises.Exploring the causes of corporate crime,it is not difficult to find that the objective lack of compliance system,subjective lack of compliance consciousness is the fundamental cause of corporate crime.Therefore,the governance of corporate crime should focus on the internal legal risk management of the enterprise itself.However,the traditional criminal law does not pay attention to the internal compliance of enterprises,and the single external control of penalty creates the situation of "handling a case and destroying an enterprise" in practice.In order to solve this problem,the Supreme People’s Procuratorate launched the reform exploration of the enterprise compliance non-prosecution system,introduced the enterprise compliance incentive mechanism into the public prosecution system,and made it the main basis for lenient criminal treatment of enterprises suspected of crimes,which provided the possibility to change the current single enterprise crime prosecution mechanism.Up to now,many problems of enterprise compliance non-prosecution have not reached a conclusion.It is necessary to conduct in-depth research on them,so as to provide ideas for optimizing the enterprise compliance non-prosecution system in practice.This paper is mainly divided into the following parts: The first part mainly summarizes the basic theories related to enterprise compliance non-prosecution.Firstly,this paper introduces the connotation of enterprise compliance non-prosecution,including the interpretation of the basic concepts at the practical level and the theoretical level and the basic value based on judicial practice.Secondly,it introduces the value significance of the non-prosecution system for strengthening the judicial protection of enterprises,strengthening the internal governance of enterprises,deepening the procuratorial function and implementing the criminal policy.Finally,the relationship between non-prosecution,leniency system of guilty plea and criminal reconciliation system is discussed.The second part focuses on the necessity and feasibility of the construction of enterprise compliance non-prosecution system.Firstly,it analyzes the economic and social conditions for the establishment of enterprise compliance non-prosecution system,and then summarizes the relevant theoretical basis.The third part mainly discusses the theoretical deficiencies of enterprise compliance non-prosecution and the problems existing in practice,such as the limitations of penalty conditions,whether the scope of application of enterprise compliance non-prosecution system is appropriate.The fourth part envisages the establishment of enterprise compliance non-prosecution system.In this part,two modes of post-compliance and pre-compliance are proposed from the mode selection.In terms of specific content design,it mainly discusses the laws and regulations of non-prosecution in compliance,applicable objects,construction of compliance system,compliance supervision and other aspects.So far,although the enterprise compliance non-prosecution pilot has achieved satisfactory results,but as an "imported" enterprise compliance non-prosecution system,in order to stand firm in our country,we must first solve some problems.With different national conditions,there are bound to be differences in system.China’s non-prosecution system of enterprise compliance is bound to have Chinese compliance characteristics.The author hopes to express my opinions to help China’s enterprise compliance non-prosecution system get more perfect development.