Research on the Impact of the Deferred Prosecution Agreement System on the Establishment of Corporate Compliance Program

Abstract

The deferred prosecution agreement system, which originated in the United States, is gradually accepted by Britain, France, Canada, Australia and other countries, and is regarded as an important way to deal with corporate crime cases. Taking the development of deferred prosecution agreement system as a lesson, it is of great significance to improve the system of unit criminal responsibility in China, which will change the judicial practice that China pays attention to individual crimes and ignores unit crimes, promote the popularization and maturity of corporate compliance program, and effectively prevent and punish unit crimes. Under the influence of COVID-19 epidemic, the urgent need to restore economic development and strengthen special protection for private enterprises and entrepreneurs has become a criminal justice concept generally accepted by judicial organs in China. This paper discusses the influence of deferred prosecution agreement system on the construction of corporate compliance program and puts forward the construction ideas for the specific content of deferred prosecution system in China, including the applicable object, applicable conditions, compliance inspection and the specific setting of deferred prosecution procedures. Although the focus of this paper is to study the impact of the deferred prosecution agreement system embedded in China's criminal proceedings on the construction of corporate compliance program in China, however Nowadays corporate compliance involves and has already extends beyond criminal law to include administrative law, civil law, industry rules and business ethics. Therefore, this paper also calls for attention from other perspectives from the perspective, i.e., from the perspective of administrative law, there is also great value in establishing a reduction, exemption and deferred punishment system for enterprises who violate laws. We must propose solutions with Chinese characteristics according to China's national conditions and status and help Chinese enterprises to build corporate compliance plans and programs.