Enterprise compliance operations are very important in both the company itself and the high -quality development of the socialist market economy。The essence of the procuratorial organs involved in the compliance of the enterprise is to extend the legal supervision tentacles to the bet365 best casino games internal governance of the enterprise through the handling of cases,Basic structure of corporate compliance governance、Governance method、The governance process will have a profound impact,Interactive form of "power -power" and "power -rights",Then make the enterprise internal governance socialization。At the theoretical level,Procuratorate as a public power organ,Intervention in enterprise compliance construction that originally belongs to the internal management category of enterprises,Its legitimate basis can be clarified from three dimensions。
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my country's procuratorial organs are the "legal supervision agency" determined by the Constitution,However, this constitutional positioning of the procuratorial organs has long been bound to criminal litigation supervision,And,In the supervision concept, it mainly adheres to the unidirectional "regulatory concept",Lack of consultation and cooperation spirit and operation space。After entering the new era,With the gradual and in -depth deepening of the reform of the judicial system,The procuratorial function is optimized and adjusted,The procuratorial concept is also changing Bet365 app download quietly。The legal supervision agency as the concept of the Constitution,Procuratorate is considered not only to have the right to judicial supervision,It should also have a wide range of "general supervision rights",That is to adjust the functions of the "four major procuratorials" function,It will supervise the field of vision from the previously fixed criminal judicial field,Greed up to civil、The field of administrative and public interest litigation,Extensive participation in social governance,full coverage of legal supervision。Correspondingly,In the concept of supervision, we must realize the leap from "concept of regulatory concepts" to "win -win win and win -win" legal supervision,This is both a new function of the procuratorial organs in the new era,It is also the responsibility that prosecutors should bear in the process of promoting the modernization of national governance。
Procuratorate involved in enterprise compliance is to practice the concept of legal supervision in the new era、Internal requirements and important means of actively performing duties。Through the corporate compliance reform involved in the case,Procuratorate can use the non -prosecution tailoring in your hand,Urges the enterprise involved in the case to carry out a compliance rectification,Guide enterprises to establish a sound compliance management system internally,and examine the rectification results,According to the results of the evaluation results, decide whether to file a public prosecution。In this process,The procuratorial organs also play the dual role of the public prosecution agency and legal supervisor,One aspect,Reasonable application of non -prosecution Bet365 app download tailoring,Move the enthusiasm of the company involved in the case for compliance rectification,Performing its public prosecution function; on the other hand,The full supervision of the construction of the corporate compliance management system,Make sure that after the case is settled,Enterprises can consciously operate in compliance in accordance with the law,Performing its legal supervision function,Then it really implemented "Supervision in the case,The legal supervision concept of handling cases in supervision "。
external power
Procuratorate has always been an important force for serving the healthy development of enterprises,Enter the new development stage,Modernization of the national governance system and governance capabilities,Create the business environment of the rule of law,Ensure the high -quality development of the economy and society,All require the procuratorial organs to actively extend their functions,More as a thing in practice。Under the socialist market economy system,Enterprises, especially private enterprises, bear employment、Pay tax、Social Security and other series of social responsibilities,If the company is held criminally responsible for crime,It may lead to a break、Performance decline or even go bankrupt,Even if the company can survive,The social reputation caused by crimes is reduced、Limited business qualifications,It will also seriously restrict the company's subsequent business development,So that employees are unemployed、National tax loss、A series of negative consequences such as stagnation of economic development,This is the so -called bet365 live casino games "water wave effect",Someone describes its image as "the case is done,Enterprise collapsed ",A big pain point for becoming a crime of governing enterprises。
The 20th report of the Party's 20th National Congress proposed "to improve the social governance system,Improve the social governance system for co -construction, co -governance sharing,Improve social governance efficiency,Everyone is responsible for construction、Everyone is responsible、The social governance community enjoyed by everyone "。Procuratorate involved in corporate compliance,Promote the modernization of corporate governance and ensure its healthy growth,It is undoubtedly one of the best paths to resolve the above social governance difficulties。Procuratorate is not only a public prosecution agency、Legal Supervision Agency,It is the backbone of the maintenance of national interests and social public interests,So,In the modern social governance system,Procuratorate should play a greater role。To solve the real problems brought by the above -mentioned traditional corporate crime governance methods,Procuratorate actively explores the pilot reform of the corporate compliance reform involved,This has also become an external motivation for procuratorial organs to intervene in corporate compliance。This is the case,Procuratorate can deeply integrate into social governance,Extended the procuratorial function,Help create a business environment for rule of law,At the same time, he can perform his duties at the same time,Actively intervene in guiding enterprises for compliance construction,Improving the level of bet365 best casino games internal governance of the enterprise,Then to ensure the high -quality development of economy and society,Modernization of promoting social governance,True realization of the "win -win, win -win win -win" goal pursued by procuratorial performance。
Policy Movement
November 2020,General Secretary Xi Jinping explicitly pointed out at the work conference of the central government in accordance with the law,"The construction of the rule of law must grasp the end、Cover the disease,More to grasp the front end、Treatment of Disease。my country ’s national conditions determine that we cannot become a 'litigation country'"。The eighteenth meeting of the Central Committee of the Central Comprehensive Deepening Reform Commission held in February 2021 reviewed and approved the "Opinions on Strengthening the Source of Contradictions and Disputes on the Source of Contradictions and Disputes",General Secretary Xi Jinping once again emphasized that "strengthen the source of contradictions and disputes to prevent、Front -end solution、Pass control,Improve the preventive legal system,Reduce the increase in litigation from the source "。Visible,Strengthening the governance of the sources has become an important decision -making deployment for the Party Central Committee。The 20th National Congress of the Communist Party of China further requires "Adhering to and developing the new era 'Fengqiao Experience' at the grassroots level of society ',Improve the urban and rural community governance system,Timely resolving contradictions and disputes at the grassroots level、Solution in the bud state "。This also bet365 live casino games indicates that taking strong measures to promote the governance of the source of complaints is the direction of the judicial authority at the new stage of development。
Procuratorate involved in corporate compliance,Promote the implementation of compliance management,It is an effective measure to strengthen the governance of the source of complaints。Through guiding the transition of the case personnel to change the concept,Internal management of the enterprise in the process of handling the case,Guide enterprises to establish a scientific compliance management system,Vulnerability of blocking the internal management system of the enterprise,Improve compliance risk report and investigation mechanism,Increase the behavior of enterprises and their employees into the compliance management system,The lost behavior of the enterprise will naturally be greatly reduced,Being able to prevent similar illegal crimes from the source,truly creating a healthy and stable business environment for enterprises。And,Demonstration effect of the positive demonstration of model companies,It can also drive other companies to consciously improve the compliance management system,Get "handle a case、Help a group of enterprises、Standardize a good effect of an industry ",Before the crime and governance,Implement "Grab the front end、Treatment of Never Diseases "target,Procuratorate promoting the source of the source of the complaint with procuratorial performance,Promote the modernization of the national governance system and governance capabilities。
(This article is the "Study on the Research on the Rights of Not Prosecution of the National Governance of the National Governance of Governance" (20FXB006) phased achievement)
(Author Unit: School of Law and Government, Nanjing University of Technology)
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