The Mode Selection Of Corporate Compliance Non-prosecution System

With the reform of enterprise compliance non-prosecution gradually entering the deep water period,the scope of cases involved is greatly expanded,and it is necessary to make a systematic response to the mode selection of enterprise compliance non-prosecution system.At present,the pilot of enterprise compliance non-prosecution has formed in our country,"relatively non-prosecution coupling procuratorial suggestion model"(also called the procuratorial suggestion model)and "conditional non-prosecution coupling compliance investigation model"(also called conditional non-prosecution mode)two kinds of advance paths.The two models have their own advantages,but at the same time face many aspects of the system dilemma and practical problems.From the implementationpattern of the deferred prosecution agreement system in foreign countries,it has formed the "procurator discretion model" characterized by the United States and the "judicial review model" characterized by the United Kingdom.The above two modes have the experience of reference,but it is difficult to get rid of the problem of acclimation.The advancement of enterprise compliance non-prosecution in our country should fully carry forward the "procuratorial suggestion model" and "mode of conditional non-prosecution" formed in the present stage,but at the same time,the view should be taken that "single system model" cannot realize "Pareto optimality" current situation.This paper will be based on the development theory and application status of enterprise compliance non-prosecution in our country,and based on thinking of comparative law study,refining the experience and deficiency of foreign application of non-prosecution,so as to provide reference and thinking for the choice of mode of enterprise compliance non-prosecution system in our country.This paper consists of four chapters.The first chapter is the application status of enterprise compliance non-prosecution mode.This part introduces the two modes of incorporation of enterprise compliance non-prosecution system into judicial practice,and the operation process of the two modes and their advantages and disadvantages are introduced in detail.The second chapter is the investigation and thinking of non-prosecution mode of foreign enterprises.This part,on the one hand,introduces the two modes of operation of non-prosecution in foreign enterprises.On the other hand,itcritically ponders these two modes guided by Chinese theory and judicial practice.The third chapter focuses on the implementation of enterprise compliance which path to judge the problem.What model should be adopted for non-prosecution of enterprise compliance? What factors should be considered? This is the question that needs to be told in this part,in order to lay a theoretical foundation for the following "dual-track" model.The fourth chapter advocates the "dual track system" of non-prosecution ofenterprise compliance.This chapter mainly solves three problems: One is the future of our enterprise compliance non-prosecution should adopt what mode? That is the model of the question.Second,why should we adopt this model? That is,the pattern is problematic.Third,how should this mode be applied in judicial practice? That is,the application of the model.In view of the diversified factors should be considered in the choice of enterprise compliance non-prosecution mode,this paper proposes the "dual-track system" mode of enterprise compliance non-prosecution.As for the macro logic of the application of "dual-track model",it is necessary to follow the concept of "two-level judgment" of application and selection.As for the first level of "application",the enterprises involved in the crime judge on the premise of having the realistic basis of saving,which is manifested in two aspects.First,the unit involved must constitute a unit crime,otherwise,it cannot apply the enterprise compliance and non-prosecution.Second,the compliance rectification of the unit involved in the crime requires that it has the necessity of rectification and the possibility of preventing recrime.Regarding the second stratum of "choice",this paper puts forwardthe judgment principle of "common but different".