The legitimacy of procuratorial organs’ involvement in corporate bet365 Play online games
March 22, 2023 09:41 Source: "Chinese bet365 Play online games Sciences Journal" March 22, 2023 Issue 2615 Author: He Jing

Enterprise compliance management is very important both for the enterprise itself and for the high-quality development bet365 Play online games socialist market economy。The essence bet365 Play online games procuratorial organs’ intervention in corporate compliance is to extend the reach of legal supervision into the internal governance of enterprises through case handling,Basic structure of corporate compliance governance、Governance methods、The governance process will have a profound impact,Form the interactive form of "power-power" and "power-right",Thereby socializing the internal governance bet365 Play online games enterprise。At the theoretical level,Procuratorate as a public authority,Involvement in corporate compliance construction that originally fell within the scope of internal corporate management,The basis of its legitimacy can be clarified from three dimensions。

  bet365 Play online games logic

Our country’s procuratorial organs are the “legal supervision organs” specified in the Constitution,However, this constitutional positioning bet365 Play online games procuratorial organs has long been restricted to the supervision of criminal proceedings,And,In terms of supervision concept, it mainly adheres to the one-dimensional "regulatory concept",Lack of negotiation and cooperation spirit and operating space。After entering the new era,With the gradual deepening of judicial system reform,Procuratorial functions have been optimized and adjusted,The prosecutorial concept is also quietly changing。Legal supervision agency as a constitutional concept,The procuratorial organ is considered to have more than just judicial supervision power,Should also have broad “general supervisory powers”,In order to comply with the adjustment bet365 Play online games functions bet365 Play online games "four major prosecutors",Changing the scope of supervision from the previously fixed field of criminal justice,Extended to civil、Administrative and public interest litigation fields,Extensively participate in social governance,Achieve full coverage of legal supervision。Accordingly,In terms of supervision concept, it is necessary to realize a leap from the "regulatory concept" to the "win-win, multi-win and win-win" legal supervision concept,This is the new function bet365 Play online games procuratorial organs in the new era,It is also the responsibility that the procuratorial organs should bear in the process of promoting the modernization of national governance。

The procuratorial organs’ intervention in corporate compliance is a practice bet365 Play online games concept of legal supervision in the new era、Intrinsic requirements and important means to proactively perform duties。Compliance reform of enterprises involved in the case,Procuratorates can use their discretionary power not to prosecute,Urge the companies involved in the case to make compliance rectifications,Guide enterprises to establish and improve internal compliance management systems,And inspect and evaluate the rectification results,Decide whether to prosecute him based on the evaluation results。In the process,The procuratorial organ plays the dual role of public prosecutor and legal supervisor at the same time,On the one hand,Reasonable application bet365 Play online games discretion not to prosecute,Mobilize the enthusiasm bet365 Play online games companies involved in the case to carry out compliance rectification,Perform its prosecutorial functions;On the other hand,Perform full supervision bet365 Play online games establishment of corporate compliance management systems,Make sure after the case is settled,Enterprises can consciously operate in compliance with laws and regulations,Perform its legal supervision functions,And then truly implemented "supervision during case handling,The legal supervision concept of handling cases under supervision。

  External bet365 Play online games

The procuratorial organs have always been an important force in serving and ensuring the healthy development of enterprises,Entering a new stage of development,Promote the modernization bet365 Play online games national governance system and governance capabilities,Create a legal business environment,Ensuring high-quality economic and social development,Everyone requires the procuratorial organs to actively extend their functions,More accomplished in practice。Under the socialist market economic system,Enterprises, especially private enterprises, are responsible for creating jobs、Pay taxes、Social security and a series of social responsibilities,If a company is held criminally responsible for committing a crime,May cause it to go out of business、Performance decline or even bankruptcy,Even if the business survives,Reduced social credibility caused by criminal involvement、Limited business qualifications,It will also seriously restrict the company’s subsequent business development,Thus causing employees to lose their jobs、National tax revenue loss、Stagnation of economic development and a series of negative consequences,This is the so-called "water wave effect",Someone described it vividly as "the case is solved,The company collapsed”,Becoming a major pain point in controlling corporate crime。

The report bet365 Play online games 20th National Congress bet365 Play online games Communist Party of China proposed to “improve the social governance system,Improve the social governance system of joint construction, joint governance and sharing,Improve social governance efficiency,Everyone is responsible for construction、Everyone is responsible、A social governance community for everyone”。Procuratorate intervenes in corporate compliance,Promote the modernization of corporate governance to ensure its healthy growth,Undoubtedly one bet365 Play online games best ways to resolve the above social governance dilemma。The procuratorial organ is not only the public prosecution organ、Legal supervision agency,It is the backbone of safeguarding national interests and social public interests,Therefore,In the modern social governance system,The prosecutorial office should play a greater role。In order to solve the practical problems caused by the above-mentioned traditional corporate crime management methods,The procuratorate actively explores the pilot compliance reform of enterprises involved in the case,This has also become an external motivation for the procuratorial organs to intervene in corporate compliance。This way,Procuratorial organs can be deeply integrated into social governance,Extended prosecutorial functions,Help create a legal business environment,Perform duties through agency at the same time,Proactively intervene to guide enterprises in compliance construction,Improved the level of internal corporate governance,To ensure high-quality economic and social development,Promote the modernization of social governance,True realization bet365 Play online games "win-win, multi-win, win-win" goal pursued by prosecutors in performing their duties。

  Policy bet365 Play online games

November 2020,General Secretary Xi Jinping clearly pointed out at the Central Committee’s Comprehensive Law-based Governance Conference,“The construction bet365 Play online games rule of law must focus on the end、Treat the disease,We must also focus on the front end、Treat the disease before it’s too late。Our country’s national conditions determine that we cannot become a ‘litigation power’”。The 18th meeting bet365 Play online games Central Committee for Comprehensive Deepening Reforms held in February 2021 reviewed and approved the "Opinions on Strengthening the Management bet365 Play online games Sources of Litigation and Promoting the Resolution bet365 Play online games Sources of Conflicts and Disputes",General Secretary Xi Jinping once again emphasized the need to “strengthen the prevention bet365 Play online games sources of conflicts and disputes、Front-end resolution、Gateway control,Improving the preventive legal system,Reduce the increase in litigation from the source”。Visible,Strengthening the management of litigation sources has become an important decision-making arrangement bet365 Play online games Party Central Committee。The report bet365 Play online games 20th National Congress bet365 Play online games Communist Party of China further calls for “upholding and developing the ‘Maple Bridge Experience’ in the new era at the grassroots level of society,Improve urban and rural community governance system,Resolve conflicts and disputes at the grassroots level in a timely manner、Dissolved in the bud”。This also shows that taking effective measures to promote the management of litigation sources is the direction for judicial organs to perform their duties in the new stage of development。

Procuratorate intervenes in corporate compliance,Promote enterprises to achieve compliance management,It is an effective measure to strengthen the management of litigation sources。Changing concepts by guiding case handlers,Involved in the internal management bet365 Play online games enterprise during the case handling process,Guide enterprises to establish scientific compliance management systems,Plugging the loopholes in the company’s internal management system,Improve compliance risk reporting and investigation mechanism,Incorporate the behavior of enterprises and their employees into the compliance management system,The anomalous behavior of enterprises will naturally be greatly reduced,Be able to prevent the recurrence of similar illegal and criminal acts from the source,Truly create a business environment for healthy and stable development of enterprises。And,Relying on the positive demonstration effect of model enterprises,It can also drive other companies to consciously improve their compliance management systems,Get "handle a case、Support a group of enterprises、The good effect of “regulating an industry”,Attach equal importance to punishment and governance,Achieving "grabbing the front end、Goal of "preventing disease",Promote the management of litigation sources by proactively performing procuratorial duties,Promote the modernization bet365 Play online games national governance system and governance capabilities。

  (This article is a phased result bet365 Play online games Jiangsu Provincial Social Science Fund Project “Research on the Procuratorate’s Right to Non-Prosecution from the Perspective of National Governance” (20FXB006)

(Author’s unit: School of bet365 Play online games and Politics, Nanjing University of Technology)

Editor: Chen Jing
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