The 20th National Congress of the Communist Party of China has increased the "modernization of harmony between man and nature" to one of the connotations of "Chinese -style modernization",Emphasize "deeply promoting environmental pollution prevention and control"。my country's ecological environment illegal punishment system and ecological environment credit evaluation system is constantly being improved,Enterprise environmental compliance management system needs to be improved urgently。Enterprise environmental compliance reform is of great significance for promoting the high -quality development of the socialist market economy with Chinese characteristics and the construction of beautiful China。In the fourth batch of typical cases of corporate compliance involved in the Case Compliance of the Supreme People's Procuratorate in January 2023,Corporate environmental compliance cases have attracted much attention。
[Case Introduction] Shandong Weifang X Company is a Sino -foreign joint venture,It is one of the companies with the largest flame retardant in China。May 2020,X Company violates national regulations,illegal landfill hazardous waste 4.8 tons,Suspected pollution environmental crime,Zhang Moumou is directly responsible for the supervisor,shall be held accountable for criminal liability。August 5, 2021,Public Security Organ is X Company、Zhang Moumou was suspected of pollution to the environment of the Binhai Economic Development Zone Procuratorate for review and prosecution。October 2021,The local ecological environment department commissioned professional institutions to conduct an evaluation of ecological environment damage identification。According to the evaluation results,Then it requires X Company to pay soil Bet365 lotto review environmental monitoring、On -site survey、Environmental damage evaluation and other costs 80,000 yuan。
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Company X in this case is a Sino -foreign joint venture,It is also a large multinational enterprise,Have employment、Create tax、Supply products、The important economic and social value of the active market。Procuratorate combined with the characteristics of the enterprise,Actively explore the special compliance management system that is in line with my country's national conditions。During the environmental integration and reform of the enterprise involved,Procuratorate found that the group involved in the case has won the ECOVADIS rating gold medal。Environmental crime as a major negative items in the ESG evaluation mechanism,It will seriously affect the market rating of the company involved in the case,Enterprise's market reputation and sustainable business capabilities will be questioned because of this。Procuratorate can perform duties in accordance with the law,Based on the degree of environmental pollution hazards and the degree of impact on social public interests,Comprehensive consideration of the economic and social value of the enterprise involved,Start the company's compliance inspection,It reflects the fact that the procuratorial organs are in the facts of the case、Nature of illegal behavior、Environmental harm、Careful choice after review after social public interest。
Actively apply the third -party mechanism to carry out professional rectification
In this case,Procuratorate according to the characteristics of the case,Actively apply the third -party mechanism,Expand the supervision and evaluation of the rules and regulations。Procuratorates randomly extract 5 personnel from the city's professional list library to set up third -party organizations。During the compliance inspection period,Procuratorate actively conducts multiple field inspections with third -party organizations、Bet365 lotto review Symposium、Evaluation,Identification for pollutants、Collect、Treatment and other links,Enterprise in the field of compliance、Decision Mechanism、The weak link in the business method puts forward opinions,Understand company X to formulate a rectification plan。The core of corporate environmental compliance rectification is to break first and then stand,Only correction of the existing internal system of the enterprise first,Only to pursue scientific corporate environmental compliance governance。Company X under the supervision and guidance of procuratorial organs and third -party supervision and evaluation organizations to carry out the compliance system construction work,Actions that prevent damage to the ecological environment through compliance rectification,Effectively repair the defects and vulnerabilities of the internal structure and institutional system of the enterprise。
When applying for a third -party supervision and evaluation mechanism, it is necessary to take into account the business model and characteristics of the case。If the foreign -related characteristics of the company X must be combined in this case, and the professional problem of the production capacity of Chinese bromine retardant,When setting up a third -party professional organization,Invite industry experts in the corresponding field to assist in rectification,Applicable a collaborative supervision mechanism under the leadership of the procuratorial organs,Explore scientific and effective evaluation methods。Applicable third -party mechanism has a deeper core function,Third -party mechanism can be urged、Guide enterprises to improve the environmental security compliance management system,Corporate responsibility to protect the environment。Third -party mechanism and market environment standards can be effectively combined,Promote the construction of corporate environmental compliance from a dual perspective。Investigation by the company through a third -party mechanism、After acceptance and hearing,ESG of the Enterprise bet365 live casino games also gets the "endorsement" of third -party organizations and procuratorial organs to a certain extent,Help the company to gain a good reputation,Restore production and operation。
Explore environmental compliance international standard localization path
In this case,Company X has won ecovadis rating gold medal,But international standards have difficulties in the process of localization of China。Chinese foreign -related enterprises are part of the market subject,Its compliance needs really exist。To ensure the fairness of corporate compliance,Differentiated compliance rectification plans should be implemented for different types of enterprises。International standards in the process of localization need to be based on my country's legal norms,Refine and apply with reference to the practical experience of our country。
The main evaluation content of the ESG standard mentioned in this case is environmental responsibility、Social responsibility and company governance。Current,Domestic and international market fully affirmed the ESG evaluation system,ESG has important business value for enterprises,ESG rating is related to financing and credit,Qualifications affecting the participation of companies participating in bidding。ESG evaluation standards can be relative to my country's environmental protection specifications,Form a new type of compliance plan。Enterprise environmental compliance obligations include environmental impact assessment、pollution license、Environmental risk monitoring、Environmental information disclosure、Pollution prevention and control in the special field。ESG, as a performance evaluation system based on corporate environmental protection, is consistent with the regulations of my country's environmental protection specifications,It can provide quantitative standards for the construction and evaluation of enterprise compliance management system。other,ESG evaluation system also contains safety production、Product quality、Evaluation indicators Bet365 lotto review in corporate governance,It is also a key area for the construction of the corporate compliance management system。Third -party organizations need to be unified into consideration when conducting overall evaluation of corporate compliance.,Based on the requirements of effective environmental compliance, taking into account the requirements of the company's comprehensive compliance。China -Foreign joint venture and other foreign -related enterprises in foreign -related enterprises in the process of conducting compliance construction,Actively explore the localization path of compliance international standards,Establish an ecological environment concept,Explore the establishment of a special compliance system that conforms to the national conditions of our country。
Detailed to promote corporate environmental compliance
Supervision and inspection procedures for corporate compliance rectification is extremely important,To do a good job of criminal compliance and administrative supervision。In this case,Procuratorate for corporate characteristics and suspected crime types,Set up corporate compliance inspection period,Supervise corporate compliance rectification,After testing and evaluation by third -party organization,Slow treatment with specific situations。After the case is completed, you need to do a good job of reforming the "second half of the article",Administrative Supervision Department must perform regulatory duties,Make sure the effect of criminal compliance。Administrative prosecution should be combined with specific cases,Prosecution recommendations to relevant administrative supervision organs,It is required to improve the internal system involved in the case,Carry out related industry governance,Establish and improve the relevant industry compliance system and standards,Realize the governance of the sources。
In environmental crime cases,Guided by recovery judicial concept,Compliance inspection of it to determine whether it assumes criminal Bet365 lotto review liability,Judging the subjective illegality and social harm of the environmental violations of the enterprise,More accurate application of compliance without prosecution。Strengthening torture,Can effectively promote the linkage of ecological restoration and compliance rectification,can effectively achieve the protection of the sustainable development of the ecological environment and the prevention of environmental destruction。
Promote the construction of corporate environmental compliance management system under the new situation,Can effectively resolve the dilemma of the rule of law of corporate environmental governance。Enterprise environmental compliance in the field of ecological environment protection can be optimized from the following aspects: first,Moderate extension of the period of rectification of the co -regulations。Ecological restoration cannot be achieved overnight,It must follow the law of nature,Allow enterprises to extend the rectification time in moderation,。Second,Deepen the third -party regulatory mechanism。Ecological restoration problems affect public interests,Should avoid formal compliance,It should be effectively implemented by environmental governance and risk prevention measures。third,Actively explore the evaluation mechanism of professional environmental synthesis and regulations。A professional perspective,A systematic evaluation of the effect of corporate compliance rectification,To ensure the rectification of environmental synthesis and regulations。fourth,Build an enterprise environmental compliance plan。Compliance plan is the core content of corporate compliance governance。The formulation of the compliance plan needs to further fit the "double carbon" goal,Implement the new development concept,Realize high -quality innovation development。Fifth,Deepen the law -abiding incentive。Enterprise Environmental Compliance Management requires enterprises to take environmental protection as the regulatory target,Formulate an internal business plan of an enterprise bet365 live casino games within the legal framework、Management process and decision -making rules。Compliance incentives can provide corporate compliance endogenous motivation,Help enterprises build an environmental compliance governance system。
(Author Unit: School of Law School of Central South University of Economics and Law)
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