The "regulations" of compliance have dual attributes with legal rules and moral norms，Therefore，Compliance governance is legal and moral significance。As the corporate compliance system is increasingly subject to the global business community、The attention of the financial industry and the legal world，Compliance governance has become a global corporate governance method，and is gradually becoming a popular corporate culture，This corporate culture is supported by business ethics。The term "compliance" is imported product，The earliest originated in the United States (the 1960s)，refers to a standardized management of enterprises，The basis for this management includes administrative regulatory regulations、Criminal Regulations、Industry Guidelines、Business practices and business ethics specifications, etc.。Therefore，Chinese scholars subdivide the issue of compliance into criminal compliance、Administrative compliance、Ethical compliance, etc.。Compliance means that it meets the requirements of the specification，The "regulations" here refer to the standard、Regulations、Law、Principles、Various specifications including morality, etc.。

　　bet365 live casino games

In a broad sense，The compliance plan is a kind of promotion of commercial ethics or commercial ethics，But its core lies in criminal compliance -judgment from a legal perspective。Someone pointed out: "The broad compliance plan covers from commercial ethics to civil liability、Administrative Responsibility，Specifications to criminal liability，Movement layer，Eventually with criminal responsibility as the return and core。"This statement can be used for reference。The so -called criminal compliance，It is essentially a criminal risk prevention and control mechanism within the enterprise，Its purpose is to prevent criminal legal risks of the enterprise，To avoid the behavior of enterprises and their executives and bet365 best casino games employees bring criminal liability to the enterprise。In other words，Enterprises can improve the management system，Urges the behavior of employees must meet the national criminal legal specifications，to avoid responsible criminal liability。

Basic features of criminal compliance，First, the operation of the business required by the enterprise must be subject to criminal norms as its purpose，Emphasize to identify with the standards of criminal law、Evaluation、Legal risks to prevent and control enterprises; the second is to give enterprises and their employees to prevent and control criminal risks，From this to，The compliance plan is actually a extensive criminal prevention measure，can be predicted、Check and curb those potential criminal activities in the operation of the enterprise; third, criminal compliance is part of the national criminal policy，The construction of the corporate compliance system becomes the basis for establishing criminal responsibility，Basic factors that must be considered when the implementation of crime evaluation and punishment。

Criminal compliance system provides enterprises with a basis for free criminal punishment or from wide treatment。Build the compliance system of an enterprise，It has the following significance: First, prevent the crime of corporate and its employees; the other is after the corporate crime，Through the compliance plan and practice to obtain the understanding of the judicial organs，and get width treatment，to reduce the criminal responsibility of the enterprise。In this sense,，Criminal compliance is a criminal risk internal control mechanism that seizes whether the business activities are compliant with the corporate criminal responsibility。There is a point of view.，Criminal compliance is the institutional arrangement of "crime" in accordance with the corporate compliance plan。Current，There is a "compliance non -prosecution system" in the criminal proceedings system (or "suspension of the prosecution system")，It provides convenience for the company's compliance with the compliance。This can also be said to be a criminal incentive measure bet365 best casino games for compliance companies。

Criminal compliance can be divided into pre -litigation criminal compliance and criminal compliance。Criminal compliance pre -litigation refers to the company and their practitioners before their employment activities involved criminal proceedings，Enterprises have implemented a compliance plan，or in accordance with the compliance plan, the enterprise operates。Criminal compliance in the villages refers to the company's original no compliance plan，Leading a criminal behavior in the company and their practitioners，Judicial organs require enterprises to formulate and implement compliance plans，Then give the enterprise to the situation of lenient punishment。This involves the criminal policy of my country's "wide and strict"，Criminal policy involving enterprises is another perspective of interpretation of criminal compliance。Kuan Yan Xiangji actually reflects a "priority" judicial strategy，The criminal judicial concept of "prevention than defense" advocated by Western countries is different。Corporate compliance governance under the guidance of criminal policies of lenients and strictness，It has important judicial significance，It is an important form of judicial to promote corporate governance or social governance。At present, the positive intervention of the procuratorial organs of the country's procuratorial organs fully proves this。

　　The meaning of compliance in administrative law

Administrative compliance means that enterprises are in line with national administrative laws in terms of external operations and internal management、Relevant regulations on regulations。Corporate compliance is a brand new corporate governance mode。First，Establish an independent management department within the company，Establish a management system to prevent violations of laws and policies。Next，It subverts the traditional corporate governance structure，Traditional company management is mainly business management and financial management，Now an additional chief compliance officer，The corporate governance structure has changed from "two Bet365 app download driving carriages" to "troidee"。Last，Traditional corporate governance structure is shareholder -centered，Separate ownership from operating rights，Company Manager、Manager and chairman are the agents of shareholders，But the power of compliance is not from shareholders，but from the government。

Administrative reconciliation is one of the important ways to resolve administrative disputes。Enterprise administrative reconciliation is mainly divided into three stages，First, administrative law enforcement reconciliation，Second is administrative reconsideration reconciliation，Third is administrative litigation reconciliation。Introduction of the administrative compliance system，Make the administrative reconciliation of the enterprise has great feasibility and operability。Administrative compliance requires enterprises to pass the company's charter in advance、Standard documents such as behavioral guidelines to guide、Agreement of the company's foreign operations and internal governance behaviors，Prevent legal risk to prevent and control。

There is a progressive relationship between administrative compliance and criminal compliance，This progressive relationship is divided according to the degree of social harm of illegal acts: if illegal acts only violate administrative regulations，Although there are certain harmful consequences, it has not yet reached the criminal file standard，It belongs to the scope of sanctions of administrative compliance; if illegal acts violate administrative regulations，It also violates criminal regulations，It belongs to the scope of sanctions of criminal compliance。Like criminal compliance，The purpose of administrative compliance is to promote the healthy operation and benign governance of the enterprise，Make companies avoid the risk and criminal risk of administrative supervision and risk，Even if there is a related risk, the company can minimize the loss of the enterprise through remedial measures。

After the corporate administrative compliance reconciliation agreement is reached，It should also set up a certain period of time for review，The compliance review Bet365 app download period in the United States is generally three years。This system aims to supervise the various obligations specified in the administrative reconciliation agreement，Especially the improvement and improvement of the requirements of the relevant administrative compliance。The method of reviewing includes a working group to the enterprise、Regular acceptance and enterprise regular reports, etc.。my country's approach can learn from the United States，Establish a three -year to five -year review period based on corporate illegal acts and its business attributes，If the enterprise cannot complete the compliance review requirements within the prescribed period，can continue to be administrative punishment for the enterprise。

The purpose of administrative compliance is to avoid compliance risks，Compliance risk refers to an administrative regulatory survey due to illegal acts in the enterprise and its executives，Then be punished by administrative supervision，Serious sanctions will also be severely subject to criminal sanctions。The goal of compliance work is to reduce losses suffered by enterprises due to violations of regulations，Prevention of violations of laws and regulations to prevent it before。The elements of compliance risks are mainly three types: one is to be punished by administrative penalties due to corporate violations; second, criminal sanctions due to corporate criminal behavior; third, due to corporate administrative violations、Criminal violations are administrative、Criminal punishment leads to the loss of business qualifications (such as revoking business licenses)。From the perspective of justice，This is a "progressive" risk，Administrative punishment does not belong to judicial sanctions，But there is only "one step away" from judicial sanctions，Severe administrative violations must be criminally investigated。For the company，The biggest risk is the loss of business qualification due to the punishment of criminal justice，Because it means the end of the life of corporate life。Therefore, it can be said，Whether it is an enterprise’s administrative compliance Bet365 lotto review or criminal compliance，All are a governance method and governance system for enterprises，It is the "lifeline" and "development line" of the enterprise。

　　The moral significance of compliance governance

2004，The US Federal Criminal Corporation revised the "Guidelines for Organization to Seting Setting"，One of the highlights is that the concept of "organizational culture" is introduced，Emphasizing the construction of corporate culture must not only promote the law of corporate and their employees，Also focus on promoting "moral behavior"。This is an important content that forms a formal as a corporate compliance，The organizational culture that defines the effective compliance plan as "preventing and discovering criminal behavior" and "encouraging moral behavior and commitment to obey the law"。2010，The United States "Organization Setting Guide" revised again，Change the original chief compliance officer to "Chief Moral and Compliance Officer"，Improving the status and role of morality in compliance management。Many Western companies call the compliance management department as the "Ministry of Ethics and Compliance"，The head of the department is called "Chief Ethics and Compliance Officer"，Call the corporate compliance system as "moral and compliance system"。Implementation of corporate compliance plan，Need a corporate culture with corporate ethics to support，Cultural encouragement、Guide enterprise executives and ordinary employees to operate and manage in accordance with laws and regulations。The academic community also refers to this corporate culture as "compliance culture"。

Integrity operation、Compliance operation，It is the basic goal of the corporate compliance plan，It not only helps corporate governance，It also helps social governance，is the social responsibility that the enterprise deserves。With the popularity of corporate compliance plans in the global business community，International Standardization Organization formulated the "Guide to the Compliance Management System" in 2014，Its biggest feature is integration into corporate culture，embedding compliance into Bet365 lotto review the shaping of corporate culture and employee behavior model，Make it the core values ​​of the enterprise and the basic structure and method of corporate governance。This can be seen，History of the development of a corporate compliance，Zhao shows from compliance to moral、The evolution logic from compliance management to corporate culture construction。Brief words，The history of compliance is the history of the control of laws and regulations to the history of "cultural consciousness"，From the history of "external forced" to "moral self -discipline"。

　(The author is the Dean of the Institute of Judicial and Law of East China University of Political Science and Law、Professor)