Research On Conditional Non-prosecution Of Enterprise Compliance

In order to promote legal compliance production and operation of enterprises and enhance the overseas competitiveness of local enterprises,China launched a pilot enterprise compliance reform in March 2020 and extended to the whole country in April 2022.Enterprise compliance with conditional non-prosecution is not only the highlight of this round of reform,but also the difficulty in the current judicial practice.On the basis of systematically combing the connotation and outer edge of enterprise compliance non-prosecution,taking H city in the central region as a sample,this paper deeply analyzes the judicial practice of enterprise compliance conditional non-prosecution,explores its existing problems and difficulties,and then puts forward targeted optimization suggestions.in order to provide useful reference for the further reform.Specifically,the study of this paper can be divided into five parts.The first part is the introduction,which systematically expounds the research background and significance,and preliminarily combs the relevant literature at home and abroad in this field;the second part is the theoretical analysis,mainly clarifies the concept and characteristics of enterprise compliance conditional non-prosecution,and expounds its necessity and feasibility.The third part is the case study,taking H city in the central region as a sample,systematically analyzes the judicial practice of conditional non-prosecution of enterprise compliance;the fourth part is the problem analysis,starting from the judicial practice of H city,explore the problems and difficulties existing in the current enterprise compliance conditional non-prosecution;the fifth part is countermeasures and suggestions,put forward the optimal path of reform.It is found that there are still obvious difficulties in the current judicial practice of conditional non-prosecution of enterprise compliance,including incompatibility of substantive law and procedural law,disunity of the scope of non-prosecution applicable to enterprise compliance,imperfect supervision system and so on.Based on this,this paper suggests that the next reform of enterprise compliance conditional non-prosecution should do a good job in the convergence of legislation from the level of substantive law and procedural law.Learn from the corresponding experience of foreign countries and combined with our own national conditions to standardize the application of enterprise compliance conditional non-prosecution conditions,and gradually build and improve the enterprise compliance conditional non-prosecution supervision system.