Inspection and Optimization of the Pilot Reform of Enterprise Compliance Non Prosecution in China
我国企业合规不起诉改革试点的检视与优化

摘要

随着合规不起诉的进一步改革，检察机关在试点中也逐步探索提出检察建议以及对涉案企业附条件不起诉等诸多方式，合规不起诉制度在我国现行的法律制度框架内也开始获得稳步发展。但是试点过程中，合规不起诉作为新型的企业犯罪治理方式逐步展现出与认罪认罚从宽制度不相衔接、适用范围不够明晰、考察期限、监管人选任混乱以及适用对象问题等，如何解决这一系列问题，还需要挖掘我国企业合规不起诉制度构建的可能性，探索符合中国实际的企业合规不起诉，尚且需要继续在理论和实践中探索可行的优化方法。

Abstract

The Supreme People's Procuratorate has launched the second phase of the pilot work of comp- liance non prosecution reform, the pilot scope has been further expanded, and the compliance non prosecution sys- tem has also begun to develop steadily within the framework of China's current legal system. However, in the pilot process, as a new corporate crime governance method, compliance non prosecution has gradually shown that it is not connected with the lenient system of guilty plea and punishment, the scope of application is not clear enough, the investigation period, the selection of supervisors is chaotic, and the object of application. Therefore, it is still very necessary to continue to explore feasible optimization methods in theory and practice, Such as the separation of the leniency system of guilty plea and punishment from compliance non prosecution, the application of comp- liance non prosecution according to the size of enterprises, and the establishment of compliance inspection periods of different standards, so as to promote the benign development of compliance non prosecution.