Research On Conditional Non Prosecution System Of Corporate Compliance

The concept of corporate compliance and the application of non-prosecution system of corporate compliance originated from the United States.With the development of economic globalization,countries in the world gradually realize the importance of corporate compliance,and corporate compliance has gradually become an international concept.Countries are also gradually building special treatment systems for enterprise crimes according to their own situations.At the procedural law level,it is to open up special procedural channels for enterprise-related cases,which can be divided into binary mode and unitary mode in content,for example,the pre-trial transfer agreement system in the United States includes two kinds of deferred prosecution agreement and non-prosecution agreement,while most other countries,such as the United Kingdom and Singapore,implement the deferred prosecution agreement system.It can be divided into prosecutor-led mode and judicial review mode,with the former represented by the United States and the latter represented by the United Kingdom.In recent years,under the profound international and domestic background,our country with international development trends,also began to attaches great importance to the construction of corporate compliance,in the judicial level,the Supreme People’s Procuratorate has been opened in March 2020 in the first round of corporate compliance not to prosecute the pilot reform,is now in the second round of reforms,though the reform practice has achieved considerable success,accumulated many successful experiences,But many questions remain to be answered.This article is under the background of the proposed system of corporate compliance with conditions not to prosecute,the corporate compliance with conditions not to prosecute the concept,characteristics,on the basic theory of corporate compliance with conditions not to prosecute discussed,combined with two rounds of corporate compliance not to prosecute,the measures taken by the pilot reform of files and the case of the public,Analyzes the problems and difficulties faced by the current practice,and on the basis of inductive authoritative view problem solving method is put forward,on the concrete system construction,through analyzing typical countries foreign enterprise crime special processing system is analyzed and compared,based on China’s basic national conditions,extract the relevant system of our country corporate compliance with conditions not to prosecute the preliminary idea,With a view to the final finalization of the system to contribute a little meager strength.