Research On Corporate Compliance Non-prosecution System

At present,the number of corporate crimes in China remains high,and the existing corporate crime management is ineffective,easily consuming excessive judicial resources and causing serious negative external effects,which is not conducive to the stability of China’s market order and economic development.In the past two years,the Supreme People’s Procuratorate has taken the initiative to carry out its procuratorial functions and has launched two batches of pilot projects on corporate compliance to maintain a balance between punishment of crime and public interest through the corporate compliance non-prosecution system,which has achieved good results and realised the real strict control and love for enterprises.The prosecuting authorities in the pilot areas have been actively following the deployment and policy spirit of the Supreme People’s Procuratorate,gradually exploring their own initiatives and implementation plans in the light of regional conditions.However,as China’s criminal laws have not yet included corporate compliance to be regulated and there are no special procedures for corporate crime,confusion has arisen in the selection of targets,the signing of compliance agreements and the operation of supervision methods by the procuratorial authorities in various regions during the pilot process.At present,it is timely to sort out the exploration route of corporate compliance non-prosecution,discover the judicial concept and function of corporate compliance non-prosecution,and draw inspiration for the governance of corporate crime in China by analysing the overseas corporate compliance non-prosecution system.In the light of the need for unit crime governance and the retrograde push of corporate compliance globalisation,and taking into account China’s existing legal basis and pilot experiences,the system of corporate compliance non-prosecution should be constructed in terms of the scope of application,compliance inspection,compliance supervision and procedural convergence,starting from the legitimacy of corporate compliance criminal law and the reshaping of unit crime theory,with a view to promoting the localised development of the corporate compliance non-prosecution system.