On The Improvement Of The Non-prosecution System From The Perspective Of Corporate Compliance

Corporate compliance,as an effective incentive mechanism,can make criminal enterprises get a certain degree of leniency because of their compliance behavior.One of the important manifestations in the criminal procedure is the non-prosecution of enterprises.Although the current non-prosecution system in China is only applicable to the crimes committed by natural persons,the exploration of applying the non-prosecution system to the crimes committed by units is gradually spreading in many places such as Shenzhen and Shanghai.At the same time,the SPP has also issued relevant guiding cases on the use of the non-prosecution system for enterprises.The procuratorial organs hope to encourage enterprises to carry out compliance construction and healthy operation by the way of non-prosecution of enterprises,while the enterprises hope to obtain lenient treatment from the procuratorial organs through their own compliance construction.Really implement compliance to make enterprises not to Sue system into the system,must also be sinicization of corporate compliance not to Sue system more in-depth discussion,especially corporate compliance not to Sue system for the main body and applicable standard deviation,the lack of strict liability of unit crime of criminal law,the corporate compliance not to Sue system cause a series of problems such as corruption problem.Through the study of these issues,we can better link enterprise compliance with China’s current non-prosecution system,build a non-prosecution system applicable to enterprises,provide a lenient treatment opportunity for enterprises truly committed to law-abiding,encourage other enterprises to actively carry out compliance construction,and create a good business environment.