Research On Procuratorate Applying The Leniency System Of Pleading Guilty And Accepting Penalty To Deal With Criminal Cases Of Private Enterprises

In October 2018,the leniency system of pleading guilty and accepting penalty was officially written into the Criminal Procedure Law of China,which has become the mainstream system for procuratorial organs to handle criminal cases.The establishment of the leniency system of pleading guilty and accepting penalty comes at a time when China proposes to vigorously develop and optimize the business environment.Private enterprises have become an important pillar of China’s economic development,solving employment and livelihood problems for the country and society,and making significant contributions to promoting scientific progress.As a national judicial organ,the procuratorial organ is responsible for ensuring the development and stability of private enterprises.In order to have both the legal effect of punishing crimes and the social effect of protecting the development of private enterprises,the procuratorial organs should actively use the leniency system of pleading guilty to deal with the criminal cases of private enterprises.However,due to the establishment and development of leniency system in China is relatively short,the application of relevant legislation and system in judicial practice is still insufficient.At present,when the procuratorial organs use the leniency system of pleading guilty and accepting penalty to deal with private enterprise crime cases,the procuratorial organs are faced with the difficulties of low application rate,difficult voluntary identification,monotonous lenient punishment,unbalanced legal effect and social effect.There are many reasons for the above dilemma,including the imperfection of the current legislation,the particularity of private enterprise crime itself,the influence of China’s traditional private enterprise crime governance model,and the conflict between the rights and interests of private enterprises and the rights of victims.In order to realize the correct application of the leniency system of pleading guilty and accepting penalty in the criminal cases of private enterprises,the author summarizes the specific problems and difficulties encountered in the work of the procuratorial organs,combined with the legislative intent and the current procuratorial responsibilities,and puts forward the application standards of improving the procuratorial organs to apply the leniency system in handling the criminal cases of private enterprises.The measures proposed by the author include making effective notification to the private enterprises involved in crime to ensure their wisdom,paying attention to the voluntary recognition of the private enterprises themselves,standardizing the leniency of the procuratorial organs to the private enterprises involved in crime in the substantive and procedural dimensions,and strengthening the protection of the rights of the victims.In addition,on the basis of the existing legislative framework,the author also puts forward a new exploration for the procuratorial organs to apply the leniency system of pleading guilty and accepting penalty to deal with the criminal cases of private enterprises.Through the introduction of enterprise compliance plan and the inclusion of private enterprises into the subject scope of conditional non prosecution system,the author actively expands the procuratorial functions,so as to achieve the goal of punishing the crimes of private enterprises while shifting the focus of procuratorial work to the prevention of crimes of private enterprises.