Establishment of Suitable Mechanisms for Enterprises Involved in Criminal Cases to Use Full Criminal Proceedings
The reform of the compliance of enterprises involved in criminal cases confronts such issues as limited scope of applicability,insufficient encouragement of compliance and?inefficient?law enforcement and justice.As for the enterprises involved in criminal cases to use full criminal proceedings according to regulations and laws,judicial officers have practical experience,policy guidance,and improved legislation,which constitutes the feasible foundations.However,at the investigation stage,there are some practical difficulties,such as lack of jurisprudence basis,insufficient encouragement of compliance,disputes over the nature of intervention,and poor connection between administrative law enforcement and criminal justice.At the trial stage,it faces practical difficulties such as insufficient legal basis,cavitation of judicial review,divergent prosecutorial roles,and complex procedural connections.Based on the current exploration of prosecutorial practice,we suggest that at the investigation stage,the prosecutorial intervention be strengthened,the connection between investigation and inquiry be optimized,the connection between administrative law enforcement and criminal justice be improved,and the methodology for the encouragement of compliance be expanded.At the trial stage,it is recommended that compliance circumstances should be statutory,the judicial review mechanism should be improved,forms of compliance incentives should be enriched,and the connection of compliance procedures should be perfected so as to establish suitable mechanisms for enterprises involved in criminal cases to use full criminal proceedings.
Compliance of Enterprises Involved in Criminal CaseFull ProcessConnection between Administrative Law Enforcement and Criminal JusticeEncourage Compliance
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维普
