企业合规检察建议激励机制研究

Research on the Incentive Mechanism of En-terprise Compliance Prosecutorial Suggestions

当前我国企业合规改革试点工作中,检察机关通过检察建议推动企业开展合规建设成为一种常态。但企业合规检察建议激励机制存在缺乏正向实体的激励手段、缺失怠于合规的惩戒后果以及持续动态的监管程序存在缺位等问题。为了进一步发挥检察建议对企业合规的推动作用,需要进一步强化企业合规检察建议激励机制。未来可以通过落实企业合规检察建议的效用、增加合规检察建议激励因素、加强对企业持续动态监管等方面解决这一问题,以期推动企业合规检察建议激励机制的进一步发展。

At present, in the pilot work of enterprise compliance reform in China, it has become a normal state for the procuratorial organ to promote enterprise compliance construction through procuratorial suggestions. However, there are some problems in the incentive mechanism of enterprise compliance inspection suggestion, such as lack of positive entity incentive means, lack of disciplinary consequences of neglecting compliance, and lack of continuous and dynamic regulatory procedures. In order to further play the role of inspection suggestions in promoting enterprise compliance, it is necessary to further strengthen the incentive mechanism of enterprise compliance inspection suggestions. In the future, this problem can be solved by implementing the effectiveness of enterprise compliance inspection suggestions, increasing the incentive factors of compliance inspection suggestions, and strengthening the continuous and dynamic supervision of enterprises, with a view to promoting the further development of enterprise compliance inspection suggestion incentive mechanism.