A Comparative Study on the Non-prosecution System for Corporate Compliance——From the Perspective of the Leniency System for Confession and Punishment
Since the pilot implementation of enterprise compliance reform in 2020,the non-prosecution system for enterprise compliance has been continuously improved and developed,providing important judicial guarantees for stabilizing enterprise development and creating a legal business environment,reflecting China's wisdom and prosecutorial wisdom.The systems of non-prosecution for corporate compliance and leniency for confession and punishment have commonalities in protecting the rights and interests of enterprises and promoting their healthy and orderly development.The former and the latter are prerequisites,and the two promote each other,jointly enhancing the vitality of the corporate system.There are two modes of non prosecution for corporate compliance in China:issuing prosecutorial suggestions and compliance rectification,with the latter having stricter provisions on substantive and procedural elements.The third-party supervision and evaluation mechanism for corporate compliance can be initiated,and a separate inspection period of six months to two years can be set based on the severity of corporate crime and the difficulty of compliance rectification.In specific operations,it is necessary to strictly distinguish between corporate criminal responsibility and individual criminal responsibility,in order to comply with the principle of proportionality between crime and punishment.
corporate compliancethe leniency system for admitting guilt and punishmentcorporate crimecompliance inspection period
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