Research On The Compliance Supervision And Inspection Model Of Enterprises Involved In Cases In My Countr

As a model of corporate criminal justice governance,the corporate compliance non prosecution system has developed very stable and mature outside China.However,the development of this system in China is still at the initial stage.The procuratorial organ establishes a supervision and inspection mechanism for the criminal behavior of enterprises,and then decides whether to prosecute the enterprise based on the compliance rectification situation of the enterprise.In fact,China’s procuratorates at all levels have also adopted many supervision and inspection modes in recent years.An important issue that procuratorial organs urgently need to address is how to choose an effective compliance supervision and inspection mode.This article compares the compliance supervision and inspection modes of enterprises involved in cases generated in China’s practice,analyzes the advantages and limitations of various modes,and combines the practice of non prosecution of enterprise compliance in foreign countries and their follow-up supervision and inspection mechanisms as a reference to make appropriate choices and optimization of the compliance supervision and inspection modes of enterprises involved in cases in China,with a view to providing beneficial references for relevant departments in China,It also provides a broader perspective on research related to the corporate compliance non prosecution system.The paper is divided into the following four parts:The first part introduces the mode of compliance supervision and inspection of the enterprises involved,mainly introducing its connotation and types,and summarizes and analyzes the types of supervision and inspection modes mentioned above.The second part mainly raises typical issues in the field of compliance planning,compliance supervisors,and the connection between compliance and criminal law in the judicial practice of the compliance supervision and inspection model of enterprises involved in the case in China at the current stage.The third part mainly introduces the compliance non prosecution supervision and inspection mechanisms of foreign countries,selects three typical countries,the United States,the United Kingdom,and France,to discuss the compliance supervision and inspection mechanisms of enterprises involved,and summarizes the enlightenment brought by their institutional practice.The fourth part combines foreign practical experience with the aforementioned problems in the compliance supervision and inspection mode of China’s enterprises involved in the case,and puts forward suggestions for improvement,mainly including improving the binding force of the compliance rectification of the enterprises involved,enhancing the independence of the internal and external supervision system,and strengthening the inspection leading role of the compliance effectiveness evaluation.