Give full play to the unique role of corporate compliance on the construction of the society in rule of law
March 22, 2023 09:42 Source: "China Social Sciences" March 22, 2023 Total 2615 Author: Tan Shigui Mao Jinxin

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Enterprise compliance,refers to the business management behavior of enterprises and employees' performance behavior.、Regulatory regulations、Industry Statue specifications and international treaties、Rules and Company Articles of Association、Related Regulations and Systems "requirements。Different from the nature of compliance behavior,Can be divided into enterprise business compliance、Enterprise management compliance and employee performing duties; according to the differences stipulated by national laws,Can be divided into criminal compliance、Administrative compliance and civil compliance。From the perspective of content,Corporate compliance mainly includes two aspects: First, the enterprise actively takes measures,Establish a sound compliance management system (including compliance organization、compliance system、compliance process, etc.) and effectively implement,This is a compliance self -discipline; the second is the guidance of whether the behavior of the state and industry organizations on the behavior of enterprises and employees、Supervision and reward and punishment,This is the law of compliance。The purpose of corporate compliance is to strengthen corporate management,Protecting and promoting enterprises to operate in accordance with laws and regulations,Effective prevention and control compliance risk,Then improve the company's competitive ability。

  The rise of corporate compliance

After April 2018,Some companies in my country began to pay attention to and start compliant construction,At the same time,Some national organs and industry organizations are also actively playing the role of corporate compliance promoters。November 2018,The State -owned bet365 live casino games Assets Supervision and Administration Commission of the State Council issued the "Guidelines for Compliance Management of Central Enterprise (Trial)",Anti -monopoly、Export control、A series of key areas such as anti -commercial bribery。March 2020,The Supreme People's Procuratorate took the lead in piloting the pilot work of the "Reform of the Reform of the Relative Mechanism of Enterprise Crime Crime" in six grass -roots people's procuratorates in Nanshan District, Shenzhen。April 2021,The Supreme People's Procuratorate issued the "Plan on Carrying out the Pilot Work of Compliance Reform of Enterprise",expand the scope of the reform pilot to ten provincial -level regions,Based on the pilot of the early reform, it is required that procuratorial organs at all levels to explore and urge enterprises to establish a compliance management system、Practice compliance commitment。April 2022,The Supreme People's Procuratorate held a meeting with the National Federation of Industry and Commerce of China,On the basis of summarizing the pilot work of corporate compliance reform over the past two years,Decided to fully push the reform pilot through the whole country。October 1, 2022,The "Administrative Measures for the Compliance of the Central Enterprise Enterprise Enterprise" formulated by the State -owned Assets Supervision and Administration Commission of the State Council began。So far,A corporate compliance construction vigorously promoted by state organs and industry organizations gradually spread out nationwide。

  Promote the law of corporate compliance with corporate compliance

In our country,One of the basic requirements of the rule of law is "the abide by the law",Among them, it should naturally include corporate law -abiding。and strengthen corporate compliance construction,It will undoubtedly promote the management of business management and employees to perform their duties in accordance with laws and regulations,Then promote the expansion and higher level of the social construction of the rule of law to a wider field。Needless Bet365 app download doubt,Corporate compliance as a brand -new field as a new field of society in rule of law,It has a unique and important role in the construction of the society of rule of law。

Specific performance as: First, incentive。Through the situation of the enterprise involved in the formulation and implementation compliance plan involved in the case involved in the compliance plan, it will be treated from light treatment or lenient treatment after its synthetic regulation and rectification,It can inspire other enterprises to establish a sound compliance management system or encourage enterprises involved in the case to take the initiative to rectify,Therefore, to promote the majority of enterprises to actively participate in corporate compliance construction,Consciously operate in accordance with laws and regulations,Then promote the sustainable and healthy development of Chinese enterprises。The second is the constraint。Enterprises establish a compliance management system internally,Cultivate compliance culture,Strengthen self -management,It can effectively restrain and ensure the business management behavior of the enterprise and the performance of employees in accordance with the law and regulations,Therefore, avoid and reduce the occurrence of compliance risks to the greatest extent。Third is radiation。The number of Chinese companies is huge,As of the end of August 2022,The market entity registered in the country reached 163 million households,Among them, more than 51 million households。Therefore,Widely promote corporate compliance construction,The production of up to hundreds of millions of corporate executives and employees、Education of business and management behaviors、Guidance、Inspiration and constraints,Then to promote the comprehensive implementation of the "comprehensive law -abiding" goal requirement。Four is the stability -stabilizing effect。Enterprises that have been implemented by unit crimes or serious violations of laws and regulations,Procuratorate or relevant administrative law enforcement agencies shall be treated with bet365 live casino games wide treatment after conducting joint regulations,It can prevent enterprises from bankruptcy due to severe sanctions、Occurrence of closure or other unsustainable situations,Avoid employees from unemployment,Effectively maintain social harmony and stability。

 Three aspects to promote the construction of corporate compliance

First,Organizational and guiding enterprises to establish a sound compliance management system。According to the laws and experiences of corporate compliance construction,The compliance management system shall meet the strict organization、Defined responsibilities、Order requirements for running,Specific: First, the establishment of a party committee (party branch)、Board、Manager layer、Chief Compliance Officer (General Legal Consultant Services) and full -time compliance managers and compliance committees and compliance committees,Set up the business and functional departments、The supervision departments such as the compliance management department and the disciplinary inspection and supervision and auditing departments shall implement the "three -way defense line" of compliance management.。Second, establish a sound compliance management system,Including the formulation of the basic system of compliance management、Specific system and special guide,Build a classified classification compliance management system,and strengthen the inspection of the implementation of the system。Third, comprehensively regulate the compliance management process,Including early warning of compliance risk recognition evaluation、Compliance review、Risk response、Question rectification、Responsibility for accountability,Implement compliance risk closed -loop management。Fourth, study through the topic of the rule of law、Compliance training、Publicity Education、Formulate and distribute a joint regulations、Organization signing a compliance commitment、Pat the symbol or motto、Editing typical cases and other ways,Comprehensively strengthen all staff to abide by laws and integrity Bet365 lotto review and compliance business consciousness,Cultivating enterprise compliance culture。Five is to strengthen the construction of compliance management informatization,Using informatization means to embed the requirements and prevention and control measures into the business process,Using technologies such as big data to key areas、Key nodes carry out real -time dynamic monitoring,Implementing compliance risk instant early warning、Quick disposal。

Second,Modify relevant laws and regulations,Enterprises involved in the establishment of a compliance management system and formulating and implementing the compliance plan are given from wide treatment。One aspect,With the full row of the pilot work of the corporate criminal compliance,Procuratorial organs in various places have adopted compliant rectification of the enterprises involved、Relatively non -prosecution or attached conditions will not be prosecuted、Prosecution recommendations, etc.,Gives wide treatment of the enterprise involved,Save a group of criminal companies,Promoting economic development and social stability。But the procuratorial organs make a relatively non -prosecution or attachment or not prosecution for the company involved in the case.,There is currently no basis for physical or procedure method。On the other hand,Corporate compliance involves antitrust、Anti -improper competition、Anti -commercial bribery、Safety production、Safety production、Destroy ecology、Tax Management、Data Information Protection and other administrative areas,Improper competition for enterprises、Monopoly operation、Tax evasion、Destroy ecology、pollution environment、Anti -laws such as infringing citizens' personal information,The relevant administrative department has the responsibility to ask relevant enterprises to rectify,Perfect the compliance plan or rules and regulations; administrative penalties for enterprises should be punished,But Bet365 app download after inspection and evaluation,It is found that the company does establish a compliance management system、Formulate a complete compliance plan and implement or rectify the requirements of the compliance plan,It should be given light treatment,But Chinese law still pays as much as。

Certificate of practice at home and abroad,Establishment of the compliance management system and the implementation of the compliance plan,It has a significant effect on preventing the risk of compliance of enterprises, especially illegal crimes,,Establish a reward mechanism,Able to encourage and guide enterprises to actively establish a compliance management system and implement a compliance plan,So the effect of getting half -efforted results。For this,We should summarize experience on the basis of the pilot,Modify the Criminal Law、Criminal Procedure Law、Administrative Penalty Law or other related laws and regulations,Enterprises involved in the establishment of a compliance management system and formulating and implementing the compliance plan are treated with wide treatment,Then attract more and more companies to participate in compliance construction,Make our country's rule of law society more in -depth、More effective。

third,Promote more national organs and industry organizations to participate in corporate compliance construction。For example,The people's court is undergoing improper competition disputes、Monopoly dispute、Disputes of environmental pollution liability、Ecological Destruction Responsibility Dispute、Contract disputes and other cases,The rules and regulations of the company's enterprises have vulnerabilities or risks,You can adopt judicial recommendations,Make suggestions to the enterprise or its authorities,It is required to rectify and report rectification;,Enterprises and competent departments that cause the same or similar problems and correct them,So that more enterprises meet the requirements of compliance。Another example,In recent years,The National Federation of Industry and Commerce of China has deeply participated in the promotion of corporate compliance construction,Future,Entrepreneurs Federation and industry organizations (such as steel、Nonferrous Bet365 app download metal、Coal、Petroleum、New Energy、Transportation、Chemical、Architecture、Environmental protection and other industry organizations) can also participate in the construction of corporate compliance,Give full play to its publicity and launch in corporate compliance construction、Organization guidance、Supervision evaluation、Commendation and rewards,To comprehensively promote and widely promote the compliance construction of various enterprises in my country。

 (Author unit: South China Normal University Law School)

Editor in charge: Chen Jing
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