Optimization of Judicial Review System in Non-Prosecution for Corporate Compliance

Authors

  • Yi Wang

DOI:

https://doi.org/10.56028/aehssr.11.1.434.2024

Keywords:

Non-prosecution for compliance; Compliance effectiveness; Third-party supervision; Judicial authorities.

Abstract

As the reform of corporate compliance progresses, the system of non-prosecution for corporate compliance grants prosecutors significant discretionary power, making it inevitable for courts to participate in corporate compliance. Issues arising from corporate compliance reform, such as insufficient time for compliance rectification hearings, inadequate third-party supervision, judicial discretion abuse, and lack of unified standards for compliance effectiveness assessment, should be addressed. This can be achieved by establishing unified standards for compliance effectiveness, improving the transparency of public hearings, emphasizing the construction of a diversified institutional framework for multi-party participation in corporate compliance, enhancing coordination and constraints among public security organs, procuratorates, courts, administrative agencies, and third-party organizations, and improving the judicial review of corporate compliance to optimize the judicial scrutiny of the non-prosecution system for corporate compliance.

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Published

2024-07-22