The Public Interest Measurement Theory of Compliance Non Prosecution
The demand for judicial offenses under the trend of pan punishment is in line with the scale and compliance mechanism of the compliance reform of the involved enterprises.The basis for not prosecuting in compliance is to introduce the theory of pub-lic interest measurement into the discretion of public prosecution.When the"ripple effect"of prosecuting a crime leads to the public interest being harmed by the prosecution exceeding the public interest being infringed upon by the crime,the purpose of maintaining social public interest cannot be achieved,and the prosecution behavior should be abandoned.The basic principles for measuring public interests in compliance non prosecution include effective avoidance of the consequences of prosecution,balan-cing interests through prosecution discretion,and maintaining public interests through effective crime control.Under the guidance of the theory of public interest measurement,the applicable conditions for compliance non prosecution can be clarified,which re-quires the involved enterprises to complete legal interest restoration and make proportional economic and social contributions;The problem of applying non prosecution in compliance can also be solved.For various types of enterprises involved in cases involving large,medium,small,and micro enterprises,as well as cases of minor and serious crimes,corporate crimes,and entrepreneur-ial crimes,the theory of public interest measurement can be applied consistently,becoming the core basis for compliant crime.
compliance reform of the involved enterprisescompliance non prosecutionpublic interest measurementpublic prosecution discretionsocial governance
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维普
