Research On Non-prosecution System Of Enterprise Criminal Compliance

We will ensure that corporate governance is governed by law and create a fair,transparent and predictable business environment.The construction of the rule of law should not only grasp the end,cure the disease,but also grasp the front end,cure the disease.We should encourage more legal forces to provide guidance and guidance,improve the preventive legal system,and establish a diversified dispute resolution mechanism.For this reason,our country introduces enterprise compliance non-prosecution system.Recent years,our law circle has made a significant achievement in studying enterprise criminal compliance non-prosecution system and the reform and development of enterprise criminal compliance non-prosecution system has entered a key stage.However,our country is still facing some problems in constructing corporate criminal non-prosecution system,which needs further exploration.This topic takes the typical cases of enterprise compliance reform pilot projects of the Chinese Procuratorate from 2020 to August 2022 as the object,combing with the theory of enterprise criminal compliance non-prosecution system to systematize and systematize the enterprise compliance non-prosecution system to carry out a multi-angle study.Firstly,the basic concept and value of enterprise criminal compliance non-prosecution system are analyzed.Secondly,through the investigation of non-prosecution system of foreign criminal compliance system,the beneficial effect on the construction of our system is analyzed.Finally,the paper discusses the main problems in the entity and procedure of constructing the non-prosecution system of enterprise criminal compliance.In the construction of substantive law,it is proposed that the criminal responsibility of enterprises and associated personnel should be separated under the condition of the existence of compliance mechanism.The applicable object of the system is all the enterprise subjects that meet the compliance conditions,and the existence of effective compliance plan makes it legitimate to commit crimes.In the construction of procedural law,the enterprise compliance operation procedure of "procuratorial suggestion macro-control + procuratorial leading third-party inspection +procuratorial hearing post-supervision" is proposed to solve the problem of inconsistent compliance procedures in different regions.