Study On Compliance Non-prosecution System

The reform of the corporate compliance system is of great significance for creating a good legal business environment,deeply implementing the judicial concept of combining leniency with severity,and steadily promoting sustainable and healthy economic and social development.China is currently exploring the localization of compliance in China,especially the construction of a non prosecution system for enterprise compliance.Since2020,the Supreme People’s Procuratorate has deployed pilot compliance reforms for enterprises involved in the case.Non prosecution of enterprise compliance has achieved significant results in preventing corporate crime and optimizing corporate governance.In order to better promote the compliance reform of enterprises in China and provide guidance for the practice of non prosecution of enterprise compliance in judicial practice.This article explores the controversial issues in the current compliance non prosecution system,and combines compliance reform practices to discuss the connotation and subject of enterprise compliance,theoretical support in substance,mode selection in procedure,and supporting measures for compliance non prosecution from four aspects.The first chapter firstly explains the origin of enterprise compliance,clarifies the meaning of enterprise compliance,and expounds the value of enterprise compliance from both internal and external perspectives.After analyzing the subject of compliance-procuratorial organs and enterprises,at the same time sorting out the current progress of China’s compliance reform,both achievements and problems have been exposed.The second chapter focuses on the substantive law principle of non-prosecution in compliance.For the practical needs of "people and enterprises to Sue" situation,dredge the theoretical channels,whether it is double punishment system or single punishment system of unit crime cases.At the same time,it responds to the doubts in two major compliance reforms,demonstrates the legitimacy of compliance as the basis for non-prosecution,and explains the reasons for compliance in relatively non-prosecution cases that could have been non-prosecution.The third chapter chooses the mode of non-prosecution of compliance in procedural law.Based on the analysis of four batches of typical compliance pilot cases published by the Supreme People’s Procuratorate,it is believed that the conditional non-prosecution mode and the relative non-prosecution mode,which are dual track and parallel,each performing its own duties,are more conducive to the practice of compliance reform.However,in the current legal framework of our country,there is no enterprise compliance conditional non-prosecution,so the system of enterprise compliance conditional non-prosecution is outlined.The fourth chapter takes the supporting measures of compliance and non-prosecution as the main content,which should not only fully combine the excellent achievements of the local legal system,do a good job in the connection work,and play a cooperative role in the compliance and non-prosecution cases,but also clarify the status and role of the procuratorial organs and third-party supervision and evaluation organizations,and give full play to their functions to ensure "true rectification" and "true compliance".