Inspiration from the Deferred Prosecution Agreement: Based on Its Comparison with Chinas Compliance Non-prosecution System

Since the break out of the financial crisis in 2008, the US has attached more importance to economic surveillance. In order to avoid and fight against crimes which take place in big enterprises effectively, meanwhile, release the burden that the prosecution process might bring to companies, the legislature has come up with a new system called deferred prosecution and promoted its application in real practice. In recent years, the legislation has been widely used in many cases to tackle with the corruption problem, especially those happen in MNEs, who is powerful enough to play an essential role in global trade and economic growth, and has proved to be a success for it creates a balance between the benefit of MNEs and that of the country, purifying the market atmosphere and optimizing the market order. Similarly, China has a relevant system named Compliance Non-prosecution. However, there are some differences between two systems, also, application is still strictly limited in China. This essay aims at identifying the contrast of two systems and analysis the essence behind the differences, using cases from both China and the US as an example.