Analysis on the practical difficulties and solutions of non-prosecution for corporate compliance in China
Non-prosecution for corporate compliance is a major institutional innovation in the construction of Chi-na's legalized business environment.An analysis of four batches of typical corporate compliance cases released by the Supreme People's Procuratorate shows that the applicable scope of non-prosecution for corporate compli-ance in China is mainly private enterprises and small,medium and micro enterprises;the crimes involved are rela-tively concentrated,and the scope of applicable cases is mainly misdemeanor cases;most of the decisions are"double non-prosecution";and the compliance inspection period is generally 3 months or less.In practice,there are practical difficulties in non-prosecution for corporate compliance,such as the conflict between the operating model and the conditions for non-prosecution,the legitimacy of"double non-prosecution"being questioned,and the unclear scope of application of non-prosecution for compliance and the unclear compliance inspection period.In the process of improving the system in the future,an independent non-prosecution system for corporate compli-ance should be established to strictly distinguish corporate responsibilities and personal responsibilities,clarify the applicable scope of non-prosecution for corporate compliance and determine a certain range of compliance inspec-tion periods.
corporate compliancenon-prosecution for complianceunit crime"double non-prosecution"com-pliance inspection period
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