On The Non-prosecution System Of Enterprise Compliance

The enterprise compliance non-prosecution system refers to that the procuratorial organ,when it finds that the enterprise suspected of minor crimes and is likely to initiate public prosecution has the intention to establish or improve the compliance system,can order it to put forward a special compliance plan on the criminal facts within a certain testing period and actively implement it,urging it to promote the construction of the enterprise compliance management system.The prosecution will decide whether not to prosecute according to the implementation of the compliance plan of the enterprise.In essence,it is a compliance incentive.In recent years,with the advancement of the socialist rule of law,the market economy has undergone drastic changes,and the unit crime rate has been rising year by year.How to solve the problem of high enterprise crime,forming solutions in line with the national conditions of our country has been imminent,and how to construct the criminal compliance system has attracted extensive social attention.The ultimate purpose of constructing the compliance non-prosecution system is to urge enterprises to carry out compliance rectification with the internal motivation of enterprises and ensure that enterprises are free from criminal liability.As an important participant in society,enterprises extensively participate in various economic,cultural and political activities,playing a pivotal role in promoting economic growth and improving people’s livelihood,etc.However,while participating in various social activities,the production,operation and long-term development of enterprises are also closely related to criminal compliance,and the criminal compliance non-prosecution system can regulate enterprise behavior.The value of protecting the interests of enterprises has become increasingly prominent.But our country for a long time has not paid enough attention to the criminal risk behind enterprise management.Exploring the reasons of enterprise crime,it is not difficult to find that objectively lack of compliance system and regulations,subjectively lack of compliance awareness,this is the fundamental cause of enterprise crime.Therefore,the governance of corporate crime should focus on the internal legal risk management of the enterprise itself.However,the traditional regulation of corporate crime does not focus on the internal compliance problem of the enterprise,and the single external control of penalty creates the situation of "handling a case and destroying an enterprise" in practice.In order to solve this problem,The SPP has started pilot work of enterprise compliance non-prosecution reform.Throughout the development experience learning from other enterprises’ criminal compliance and combining with the current situation of the rule of law in our country,this is of great significance to our enterprises in facing the problems and tests of compliance.At the same time,according to the existing problems in our country’s governance mode of enterprises involved in crime,such as consuming large amount of judicial resources,causing negative external effect in conviction and punishment of enterprises,the compliance non-prosecution system just can solve this problem to a certain extent.The existing legal system in our country and judicial reform can provide the foundation for the establishment and operation of this system.Combined with international trend,the system can be set up in our country.According to the development experience of legal system in our country,the pilot exploration of non-prosecution compliance system is highly agreed with the criminal justice reform in our country.How to establish and perfect this system is still in the preliminary exploration stage.In this paper,the application scope,application procedure,value basis and feasibility of criminal compliance non-prosecution system are defined,so as to accelerate its conformity with the systematic process.