企业犯罪附条件不起诉立法的内容构建

The Construction of the Legislation on Conditional Non-Prosecution of Enterprise Crimes

近年来,企业合规逐步走向刑事领域,成为企业犯罪治理的最优选择。为融入世界企业合规的大环境,满足企业犯罪治理的需求,我国亟须通过立法建构企业犯罪附条件不起诉制度。在未成年附条件不起诉、认罪认罚从宽制度、企业合规试点的运行经验上,从制度设计和程序规制两方面建构中国特色的企业犯罪附条件不起诉制度。

In recent years,corporate compliance has gradually moved into the criminal field and has become the best choice for corporate crime governance.In order to integrate into the global corporate compliance environment and meet the needs of corporate crime governance,China urgently needs to pass legislation to build a system based on non-prosecution legislation for corporate crimes.Based on the operating experience of juvenile conditional non-prosecution,the leniency system for confessing guilt and punishing and the pilot enterprise compliance,we have constructed a conditional non-prosecution system for corporate crimes with Chinese characteristics from the two aspects of system design and procedural regulation.