企业合规不起诉中的侦诉衔接问题研究

Research on the Connection between Investigation and Prosecution in Non-prosecution of Enterprise Compliance

企业合规不起诉制度在优化营商环境的时代背景下应运而生,并且法益保护理念的微转型、宽严相济政策的新发展、单位犯罪本质的再认识等还为企业合规不起诉制度提供了正当性支撑。然而,企业合规不起诉制度能否顺利进行还受制于侦诉衔接是否顺畅。侦诉衔接不畅严重弱化企业合规不起诉制度在优化营商环境方面的功能。从深层次来看,侦诉衔接不畅的原因主要在于当前“流水线型司法”体制的固有弊端。要有效破解侦诉衔接不畅的问题,可尝试转向“问题解决型司法”模式,构建以支持型监督为核心要素的侦诉协作关系,妥善解决排除合理怀疑的问题。

The system of non-prosecution for enterprise compliance has come into being in an era of optimizing the business environment,moreover,the micro-transformation of the concept of legal protection,the new development of the policy of temper justice with mercy,and the re-understanding of the nature of unit crime also provide legitimate support for the non-prosecution system of enterprise compliance.However,the smooth operation of the non-prosecution system of enterprise compliance is still restricted by the connecting problem of Investigation and prosecution,which cannot be ignored.The poor connection between investigation and prosecution will seriously weaken the role of the non-prosecution system in optimizing the business environment.The main reason for the poor connection between investigation and prosecution lies in the inherent drawbacks of the current"pipelined justice"system.In order to solve this problem,we should try to turn to the mode of"problem-solving justice",construct the cooperative relationship of investigation and prosecution with the support supervision as the core element,and properly handle the task of removing reasonable suspicion.