Research On Non-prosecution System Of Enterprise Criminal Compliance In China

Private enterprises in China have not developed for a long time,and the legal system of our country is relatively weak in the responsibility investigation and crime prevention of relevant units,so the enterprise crime cases emerge in endlessly.In the process of investigating the crime committed by the unit,it is often difficult for the enterprise to continue its operation,resulting in the loss of workers,the rights and interests of the creditors of the enterprise,and the loss of innocent shareholders.In this context,many Chinese scholars with a forward-looking perspective began to focus on foreign enterprise criminal non-prosecution system and discuss the possibility and necessity of establishing this system in China.The Supreme People’s Procuratorate also deployed the pilot work of enterprise criminal non-prosecution system in 2020.By analyzing criminal compliance in recent years,our country enterprise not to prosecute the pilot reform situation,study the system in the pilot application that exposed in the process of system design and practical operation problems,on the basis of the analysis of draw lessons from foreign advanced experience combined with China’s national conditions and the existing legal framework,deeper exploration of the criminal theory of compliance,Discuss the establishment of a more perfect enterprise criminal compliance non-prosecution mechanism.The establishment of enterprise criminal compliance non-prosecution system is a complex project,which is complicated because the system is not only to let enterprises get the legal consequences of non-prosecution in the sense of criminal procedure law,but also to establish and operate a systematic compliance system within the enterprise,which is also a difficult process.In the process of establishing non-prosecution system of enterprise criminal compliance,the first need is systematic and perfect legal provisions,the choice of mode of non-prosecution system of enterprise criminal compliance,determination of the subject of application,compliance plan and evaluation of compliance results and other details to determine in legal form;Secondly,the procuratorial organs and relevant departments need to conduct compliance supervision and guidance for the whole process;Finally,the compliance system established by the enterprise needs to be evaluated by relevant subjects or third parties.In this process,cooperation from various aspects is needed,as well as more detailed provisions on compliance plan and acceptance criteria for compliance rectification results on the basis of practice.After the compliance rectification,the evaluation results of criminal compliance rectification will be taken into consideration when the procuratorial organ decides whether to prosecute or not,so as to start the construction of non-prosecution mechanism of compliance in the field of criminal law.This system design for private enterprises,is undoubtedly great good.It is not only conducive to encouraging enterprises to actively establish and earnestly implement compliance plans in operation and management activities,so as to reduce the occurrence of corporate crimes,but also to prevent enterprises from being unable to continue operations due to illegal crimes and thus going bankrupt.