Study On Leniency System Of Enterprise Guilty Plea

In 2018,China established the leniency system of guilty plea in the Criminal Procedure Law.After continuous promotion and exploration and improvement by judicial organs,the leniency system of guilty plea gradually shows its strong judicial vitality and vigorous system development vitality.However,due to the lack of specialized research on enterprise crime,the effect of leniency system is not obvious in the governance of enterprise crime.It is necessary to analyze and solve the practical difficulties in dealing with enterprise crime cases by applying the system of guilty plea in order to effectively remove the barriers to the application of the system of guilty plea in the field of enterprise crime and improve the system of guilty plea.Through literature study and empirical analysis,this paper analyzes and demonstrates the system concept and theory,system practice and improvement of enterprise guilty plea punishment leniency system.The text of the article is divided into four parts: The first part is an overview of the system of leniency of enterprise guilty plea.Through the enterprise guilty plea leniency system source and system application to clarify the enterprise guilty plea leniency system essence and system positioning,on this basis to clarify the enterprise guilty plea leniency system concept,clear the object of this paper,to lead the full text enterprise guilty plea leniency system to improve the logical context is clear.The second part is the feasibility of leniency system of enterprise guilty plea.Through to the enterprise pleaded guilty to forfeit their required legal infrastructure assurance from system standardization,the theory support and practice experience of extraterritorial experience inspired guidance and analyzed,four aspects comprehensive enterprise pleaded guilty to forfeit their perfect feasible support,from the system for the enterprise greater confessed forfeit the complete system is ready for feasibility.The third part is the practice of leniency system of enterprise guilty plea.Confession from the enterprise greater forfeit the practice of the applicable situation,based on the legal system specification complete,pleaded guilty to forfeit their standards,to show leniency,incentive and effective supervision and control system of four has good key to analysis enterprise pleaded guilty to forfeit from applied problems in practice and why,for improvement of the system of enterprise greater confessed forfeit their problem oriented.The fourth part is to improve the system of leniency of enterprise guilty plea.One is to introduce enterprise compliance into the enterprise admission of guilt and leniency for evaluation,identification and integration;Second,by clarifying the rights and responsibilities of the subject,the applicable norms and principles to improve the legal norms of leniency of enterprise admission of guilt;The third is to improve the evaluation and identification of enterprise guilty plea by clarifying the expression subject,expression way and standard evaluation and identification standard;The fourth is to improve the leniency treatment system of enterprise guilty plea without prosecution by innovating the probation of fine,prudent use of qualification penalty and leniency application of investigation measures at the level of procedure;Fifth,by strictly implementing the division of labor,restriction and supervision,and perfecting the right relief and security mechanism,the system risk prevention of leniency of enterprise guilty plea should be improved,so as to explore the path for improving the system of leniency of enterprise guilty plea.