关键词: 企业合规, 附条件不起诉, 预防性司法理念, 刑事法律风险, 企业犯罪

Abstract: In recent years, researches on the system of corporate compliance with conditional non-prosecution have displayed some inherent limitations of one-sided and fragmented research perspectives, and there is an urgent need to make rational inquiries into the intrinsic theoretical basis of the system's operation and deep analyses of the multidimensional dilemma it faces from the perspective of more holistic concept of preventive justice. Based on the "social orientation" and "proactive prevention" characteristics of the concept of preventive justice, criminal legislation and justice should take the construction of compliance system as the main objective,remove the restrictions on case types involving enterprises in the scope of application, and extend the time span of compliance construction. On the other hand, to build the basic outline of Chinese corporate crime management model, it is suggested to make efforts based on the integrated arrangement of endogenous issues to promote the paradigm change of criminal justice concept, to give full play to the actual function of criminal incentive mechanism, and to define the smooth connection between different procedures.

Key words: corporate compliance, conditional non-prosecution, preventive justice concept, criminal legal risks, corporate crime