| In order to strengthen the judicial protection of private enterprises,especially after the new crown outbreak,private enterprises facing difficult business difficulties,in the central issued for private enterprises "six" "six stability" instructions,under the guidance of the Supreme People's Procuratorate,the local procuratorate enterprise compliance not prosecute pilot work.At present,progress has been made in the reform of compliance,and the Supreme People's Procuratorate has also issued relevant guidance cases.Can be seen from these cases,at the present stage of our country enterprise compliance does not prosecute applicable object mainly concentrated in the enterprise involved in minor criminal cases,applicable object is mainly small and medium-sized enterprises,has not for large enterprise compliance not prosecuted to carry out the pilot,at the same time in the enterprise responsibility and enterprise responsibility boundary blurred.Through analysis,the author answered some questions about the localization of enterprise compliance non-prosecution,and also put forward some humble opinions: large enterprises should not be excluded from the pilot;the prosecution is the decision of compliance non-prosecution,should pay attention to strengthen the supervision of the power;compliance test period may not be able to play the criminal incentive role,consider a new test period ——compliance monitoring period to make up.The pilot project of enterprise compliance non-prosecution has not only achieved satisfactory results today,but also exposed some problems in the "imported" enterprise compliance non-prosecution system in the localization of China.Different national conditions,the system must be different.China's corporate noncompliance system is bound to have Chinese characteristics.In thinking,through internal and external analysis,the author hopes to give full play to my humble opinion to help China's enterprise compliance non-prosecution system develop more perfect. |
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