The Enlightenment Of U.S.Deferred Prosecution Agreement System To China

With the rapid development of China’s economy,the phenomenon of illegal and criminal behavior in enterprises is not uncommon.In order to control corporate crimes,create a good business environment under the rule of law,and promote domestic enterprises to go out smoothly,China can refer to the deferred prosecution agreement system of the United States,change the traditional prosecution mode,not to punish corporate crimes for the purpose of urging enterprises involved in the crime to conduct compliance rectification,so that enterprises can operate in compliance with the law.This paper further analyzes and demonstrates the enlightenment of the American DPA system to China through literature analysis,empirical research and comparative research methods.This paper is divided into four parts:The first part is an overview of the DPA system in the United States.Specifically,it includes the concept and characteristics of the system of DPA in the United States,in which the characteristics of the system of DPA in the United States are elaborated from the important content of the agreement,the conditions of application and the results of application.The second part is the practice of the deferred prosecution agreement system in the United States.In this paper,by referring to the relevant legal provisions and the research results of scholars,the system of deferred prosecution agreement in the United States is sorted out in legislation,and the specific practice of the system is demonstrated through typical cases.The third part is the evaluation of the system of DPA in the United States.This article from the system of deferred prosecution agreement of legal effect and social effect,the optimization of internal corporate governance structure,smaller intervention in the enterprise management three aspects demonstrate its rationality,in the system in violation of the principle of a legally prescribed punishment,the prosecutors discretion is too large,the enterprise may suffer from injustice,three aspects of evaluation of its limitations.The fourth part is the enlightenment of the American DPA system to China.Through demonstrating our country draw lessons from the United States the necessity and feasibility of the deferred prosecution agreement system,this paper creatively and puts forward some Suggestions of development situation in our country,including reference to the introduction of the deferred prosecution agreement system,expand the use of conditional not to Sue system scope and enterprise of our country to build criminal compliance system,designed to reduce and prevent corporate crime,optimize the corporate governance of compliance,We will help modernize China’s governance system and capacity.