Research On The Compliance Non-prosecution System Of Private Enterprises

With the deepening of a series of system reforms in the procedural and substantive fields of criminal law in our country,the criminal justice system is becoming more and more perfect,but in recent years,the number of corporate crimes in our country is still on the rise.The rebellious situation formed between the two shows that the governance of corporate crime under the traditional penalty deterrent system needs to be improved,and we should expand our thinking in time and jump out of the shackles of traditional judicial framework thinking.With the rise of the concept of consultative justice in China,the criminal compliance system has gradually attracted the attention of domestic scholars,and the criminal compliance system has sprung up in western countries,which has the characteristics of consultative judicature.Compliance incentive has become a new way of corporate governance to replace the traditional threat of penalty.Good feedback has been obtained and sufficient institutional experience has been provided in the practice of extraterritorial system over the years.In addition,the impact of COVID-19 ’s epidemic situation has increased the downward pressure on China’s economy,and the development of private enterprises is even more difficult.More and more scholars call for learning from the practical experience of foreign criminal compliance and introducing the compliance non-prosecution system,so as to provide positive incentives for private enterprises,turn pressure into motivation,promote private enterprises to actively build effective compliance plans and implement compliance rectification and reform,so as to realize the privatization of enterprise crime prevention.Eliminate the influence of water wave effect on social economy.Since China’s procuratorial organs launched the pilot reform of compliance non-prosecution in 2020,practical exploration has achieved good results,but it should be noted that when exploring and developing the compliance non-prosecution system of enterprises in our country,we should sort out and summarize the research achievements of academic circles at home and abroad,and analyze the motivation and necessity of exploring the compliance non-prosecution system of private enterprises.This paper probes into the favorable and limiting factors of the introduction of the existing institutional soil to the compliance non-prosecution system,and analyzes the theoretical and practical problems faced by the development of the compliance non-prosecution system in China by combining the local pilot practical experience and the existing system advantages.consider the local environmental factors and the limitations of the current judicial system framework from various angles,fully absorb the beneficial experience of foreign systems,in order to further improve the program design.To construct a compliance non-prosecution system adapted to the local environment of our country,otherwise the blind introduction of "imports" will inevitably lead to "procedural failure" even if it is successfully introduced into legislation in the future.