The Enlightment Of Ameican Deferred Prosecution Agreement To The Criminal Compliance Of Enterprises In China

In the context of creating a better legal environment for the development of enterprises,as Chinese enterprises continue to go out and the implementation of the policy of leniency in pleading guilty and punishment,enterprise compliance supervision has become a hot academic topic and practical difficulty.At present,China’s criminal justice system lacks relevant contents,thus it has basically become a consensus to introduce the compliance supervision system of enterprises involved in crimes to China,and the pilot work of enterprise compliance by the Supreme People’s Procuratorate is also being carried out in an orderly manner.The compliance management system of enterprises involved in crime originated in the United States,in the form of deferred prosecution agreement system.It’s original form is a pre-trial diversion procedure applied to specific criminals to help criminals better return to society.The system continues to evolve to better meet the needs of enterprises and the requirements of protecting public interests,and finally has become a compromise path in system design.By sorting out the legal texts and judicial case practices that have great impact on the development of the deferred prosecution agreement system for corporate crimes in the United States,this paper summarizes the characteristics of the system in the development process,analyzes the governance effect,points out its internal contradictions and problems,focuses on the contents of the deferred prosecution agreement signed by American enterprises on corporate compliance construction,analyzes its common provisions and special provisions,discusses the logic connotation behind it.The core of summarizing the possible approaches to digest the introduction and localization of this system in China is to encourage enterprises to carry out compliance construction by practical criminal means.This paper will discuss the similarity and compatibility of the internal value orientation between the current China conditional non prosecution system and leniency policy of pleading guilty and punishment,and the American deferred prosecution agreement system.Try to put forward possible ways to implement new legal provisions or reform old legal provisions.At the same time,according to the differences in the process of criminal cases investigation between China and the United States,propose ways to solve the problems such as excessive discretion of prosecutors in the American’s practices,so as to better adapt to the criminal justice environment in China.