认罪认罚与企业刑事合规制度的构建
Construction of Confession and Punishment and Corporate Criminal Compliance System

企业刑事合规与认罪认罚从宽制度在某些方面存在着契合之处，二者都可以减轻涉罪企业可能承担的刑事责任，鉴于认罪认罚从宽制度已经形成了较为完整的法律体系且已付诸实施，有学者认为可以将企业刑事合规融入认罪认罚从宽制度之中，为企业刑事合规找到相应的法律依据。但是企业刑事合规和认罪认罚从宽制度之间存在着诸多不同之处，甚至目前对于企业认罪认罚的研究都还不够充分，并且这两个制度的设立目的、执行程序等方面的差异都决定着企业刑事合规制度并不能很好地融入认罪认罚从宽制度之中。综合企业刑事合规的性质以及目的，其应当作为我国刑事诉讼法的一项特别程序予以规定，这样才可以最大程度地发挥其本身的优势。
There are some similarities between corporate criminal compliance and the leniency system for confession and punishment, both of which can reduce the criminal responsibility that the involved enterprises may bear. Given that the leniency system for confession and punishment has already formed a relatively complete legal system and has been implemented, some scholars believe that integrating corporate criminal compliance into the leniency system for confession and punishment can find a corresponding legal basis for corporate criminal compliance. However, there are many differences between corporate criminal compliance and the leniency system for confession and punishment, and even research on corporate confession and punishment is not sufficient. The differences in the purpose and execution procedures of these two systems determine that the degree of corporate criminal compliance regulation cannot be well integrated into the leniency system for confession and punishment. The nature and purpose of enterprise criminal compliance should be stipulated as a special procedure in China’s Criminal Procedure Law, in order to maximize its own advantages.