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Practice bias and path regression of local exploration of corporate criminal compliance

Zhang Yang  
[Abstract]: At present, there are mainly two modes: one is the ex post compliance mode of "relative non prosecution + procuratorial suggestion", the other is the "relative non prosecution + prosecution suggestion" mode; The second is the prior compliance mode of "conditional non prosecution". On the basis of relative non prosecution, the pilot idea of single procedure crime has exposed the problems of poor connection between procuratorial power, investigation power and judicial power, limitation of the scope of application of criminal compliance of enterprises, and possible improper indulgence of enterprises and responsible persons. The local exploration of corporate criminal compliance needs to follow the idea of overall promotion of procedure and entity, and break through the disciplinary barriers between procedural law and substantive law under the guidance of the concept of criminal integration. We should change the single and flat pilot path and establish a multidimensional and three-dimensional multi-dimensional construction system of enterprise criminal compliance. In terms of incentive mode, the construction of voluntary compliance plan is the main mode, and the compulsory construction is the supplement; In terms of participating institutions, the overall organs and institutions that coordinate and integrate internal and external relations; In terms of the degree of coercion, we should construct a step-by-step step mandatory system to realize the autonomy under the compulsion of enterprises.
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