Research On The Optimization Of The Path Of Grassroots Social Governance Led By Party Buildin

The enterprise is an important subject of the socialist market economy and an important unit to promote the sustainable development of the social economy.With the accelerating pace of economic globalization,Chinese enterprises are also facing severe compliance risks in the process of "going global".The discussion on the conditional non prosecution system of criminal compliance of pilot enterprises aims to avoid the "disaster of extinction" brought to enterprises by conviction,give enterprises the opportunity to "rise again" through compliance construction,and reduce the impact on employees and innocent third parties,resulting in the ripple effect of punishment.At present,the construction of enterprise compliance in China is at the initial stage.In addition to drawing on the western compliance theory,it should conform to the local conditions and avoid conflicts with existing laws.The compliance process will inevitably encounter difficulties.This article starts with the classic cases of compliance reform,and is divided into four parts:The first part extracts three typical cases from the reform practice cases,and extracts the outstanding problems existing in the current reform,including the distinction between corporate responsibility and personal responsibility,the applicable object of the conditional non prosecution system of corporate criminal compliance,and the compliance test period.The second part mainly combs out many problems in the current practice,and analyzes the causes of the problems,the focus of controversy,the necessity and other aspects.The third part mainly starts from the United States,the birthplace of the compliance system,as well as the United Kingdom and Italy,the three countries with relatively perfect compliance construction.It analyzes the transformation process of the United States from national supervision to self-regulation and then to criminal incentive,draws on the experience and lessons of the British deferred prosecution agreement system,draws on the innovation of the Italian quota system of criminal sanctions,and summarizes the enlightenment for the development of China’s compliance system from the compliance construction of the three countries.The fourth part mainly expounds the design ideas of constructing the localized criminal compliance conditional non prosecution system.From the screening of compliance objects in the early stage,to the construction of basic and personalized compliance plans in the middle stage,to the refinement of the third-party evaluation mechanism in the later stage,and finally to the improvement and follow-up of supporting measures,a dynamic enterprise compliance conditional non prosecution system that conforms to China’s local conditions has really been established.Through the above four parts,I will briefly sort out the problems that occurred during the pilot process of corporate criminal compliance reform in China,and draw on the experience of European and American countries to truly establish the corporate criminal compliance system in China.