Research On Conditional Non-prosecution System Of Corporate Crime

The company is an important subject of socialist market economy and has made important contributions to economic and social development in our country.During the company's operation and development,it will face many social risks.Among this risks,criminal risk has the most severe impact on the company.The sternness of the penalty and the external negative effects caused by it will cause the company to encounter the "disaster",and the companies involved in the case will no longer have the possibility of "resurgence." This requires criminal law to be appropriately adjusted based on the particularity of corporate crime.Unfortunately,at present,the criminal procedure law in our country does not have special procedures applicable to corporate crime.In order to create a good business environment and promote the healthy and orderly development of economy and society,it is necessary to build a conditional non-prosecution system for corporate crime.This article is mainly divided into the following sections:The first part introduces the concept of corporate crime in our country.It summarizes the characteristics of corporate crime increasing year by year,most of them are minor crimes,and presents "stress-type" crimes.It also introduces the current corporate crime handling model in our country.It is found that under the current legal system in our country,the way to deal with corporate crimes is not perfect.The second part discusses the existence of many problems in the prosecution activities of corporate crimes.For example,corporate criminal investigation activities are more difficult and consume more judicial resources.Criminal prosecution activities of the companies involved will lead to the decline of corporate credibility,loss of trading opportunities and even bankruptcy.Serious consequences,the prosecution of corporate crimes is not conducive to internal reforms of the company,damages the economic interests of innocent relevant personnel of the company who did not make any mistakes in corporate crimes,impacts the industry where the companies involved are involved,and is not conducive to social stability and economic development.The third part introduces the system of pre-trial reassignment of corporate crime in the United States.Through analysis,it is found that although the system of pre-trial reassignment of corporate crime in the United States is controversial,the advantages outweigh the disadvantages.The fourth part discusses the practical significance of constructing a conditional non-prosecution system for corporate crime in our country.First of all,according to the current mainstream view,the main purpose of punishment is to prevent crimes.Penalty is a part of criminal law and has a modest restraint.For corporate crimes with less liability,punishment can be avoided.Secondly,the positive significance of the conditional non-prosecution of corporate crimes is obvious to all,and the conditional non-prosecution is based on the theory of the doctrine of prosecuting discretion.Finally,the non-prosecution of corporate crimes with conditions is a concrete embodiment of the lenient criminal policy,which is beneficial to the improvement of the litigation situation of the enterprises involved.The fifth part starts from the application scope,procedure setting,content setting,restrictions and remedies of corporate crime conditional non-prosecution system,and establishes the corporate crime conditional non-prosecution system in our country.