Enterprise compliance reform is the vivid practice of Xi Jinping's thinking of the rule of law。In recent years,Enterprise compliance becomes one of the important measures for the reform of the procuratorial organs,Related theoretical studies have also become the academic growth point of the legal community (especially criminal law)。July 2023,"Opinions of the Central Committee of the Communist Party of China on Promoting the Development of the Private Economy" (hereinafter referred to as "Opinions") release,Proposal to guide private enterprises to operate compliance,"Promote the economy of private enterprises to become bigger and stronger"。This can be seen,Enterprise compliance reform has been given an important mission to boost confidence in the development of the private economy。Explore how to promote the implementation of the corporate compliance system,Three major tasks of compliance reform must be clear。
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Enterprises must face risks,Enterprise operation is the process of the risk game,Control risk is the basic criterion for enterprise operations,It is also the actual needs of corporate compliance。For enterprises,Except for normal business risks,bet365 Play online games There are still policy risks and criminal legal risks,The latter is particularly severe due to national sanctions.。
First,With the rapid changes in current social life,The adjustment frequency of the criminal law is accelerated,exacerbated the possibility of corporate violations of criminal law。Next,Differential and preventing criminal legal risks require strong legal professional ability,Many corporate managers are difficult to have this ability。Last,Policy risk is generally accompanied by administrative penalties,The cost of correction is low; and when policy risk becomes criminal legal risk,punishment will change quality。Once an enterprise accepts criminal punishment,Light market share decrease,Return to bankruptcy liquidation; below the double penalty system,Enterprise managers may also assume corresponding criminal liability。Therefore,Regardless of the company or its manager,Both spontaneous to avoid criminal legal risks、Inner power。This "survival instinct",Make prevent corporate crimes the basic task of corporate compliance reform。
Maintenance of economic order
In the reform of corporate compliance,Control cost、Improvement efficiency is the pursuit of value pursuit of reformers and business entities。To achieve this value,We must maintain our country’s market economy order,To improve the economic benefits of the enterprise,and reduce the national supervision cost。
bet365 best casino games First,Maintaining economic order is a prerequisite for protecting the legitimate interests of SMEs。Now,Is SME active、Whether the prosperity of the non -public ownership economy has become an important indicator for measuring the development level of my country's market economy。Experience indicates,When reform measures are conducive to the sustainable development of SMEs、When the market economy is in good operation,The reform plan can be normalized、institutionalized operation。
Second,Maintaining economic order is an inevitable requirement for corporate compliance under the perspective of economics。Corporate compliance belongs to a typical cross -disciplinary discipline,Law problems are only one of its research objects。In practice,Procuratorate for business ethics、Modern Enterprise Management is not familiar with。The essential characteristics of the self -management of modern enterprises,Only through the external perspective of the law is not enough to solve the problem of corporate compliance。In the perspective of economics,Starting from the goal of improving economic efficiency,Maintaining economic order is an inevitable requirement for corporate compliance。
Last,Maintaining economic order is the fundamental guarantee for corporate compliance reform。Corporate compliance reform is a systematic、Systematic reform,The reform method is top -down,But the main body of the enterprise bet365 live casino games is scattered,Its needs cannot always be completely unified。And the company is profitable,When the "compliance cost" is greater than the cost of illegal crimes,Enterprises will resist "compliance"。Therefore,Only maintaining good economic order,Optimize the business environment,can reduce the cost of corporate compliance,Form positive incentive,Make sure that corporate compliance reform has a continuous internal driving force。
Improve the rule of law
It is not a simple superposition relationship between the corporate compliance system and the criminal law,Only putting corporate compliance and criminal law under the rule of law system with Chinese characteristics,can we give full play to the replacement of corporate compliance with criminal law、Supplementary effect。
From the perspective of the dialectical relationship between the economic foundation and the upper -level building,To realize the task of activating corporate vitality in Opinions,Fair and free market rules system supply is one of the necessary conditions。For this,Enterprise compliance reform revolves around the core element of "rule of law" in the "upper -level building",It is conducive to promoting the rule of law and economic order formed benign interaction。Due to the final results of the relevant system, all need to be fixed through legislation,Therefore,Enterprise compliance reform also assumes the heavy responsibility of Bet365 lotto review improving the socialist rule of law with Chinese characteristics。
Now,Some legal applications occur during the reform,How to connect with the compliance procedures of the procuratorate with the internal investigation of the enterprise,These issues have not been resolved with the promulgation of the "Guiding Opinions on Establishing the Enterprise Compliance Third -Party Supervision and Evaluation Mechanism (Trial)"。Reasons for the reason,Mainly a deviation in the perspective of reform。Although the reform is led by the procuratorate,But the reform target is an enterprise,Therefore。It can be expanded from two aspects。
One aspect,Establish a unified corporate compliance standard。Current,The following problems exist in the reform practice: (1) Uniform content of the compliance,If the compliance object is all enterprises or are limited to large enterprises such as central enterprises, there are still controversy。(2) The functional positioning of the procuratorial organs is blurred,If some procuratorial agencies expand the scope of procuratorial scope of procuratorial scope, the management of the procuratorial agency。Therefore,Must establish a unified compliance standard,To ensure the equality of market participation subjects,Limit public power in the legal framework。On the other hand,Establish a complete enterprise operation management system。Compliance willingness Bet365 lotto review of different enterprises、Compliance ability is large,Even if the national unified unified compliance standard,It can not guarantee the compliance effect of all companies involved。Another,It needs to prevent the internal compliance system within the enterprise flowing in the form、Disclosure from actual,Become a shackles that restrict the development of enterprises。Therefore,In addition to the supply of external rules,It is also necessary to demonstrate and guide the internal operation management system within the enterprise,Promote the establishment of an internal management system that matches the external rules,Make sure the implementation of reform measures。
July 2023,"Amendment to the Criminal Law (12)" (draft) for the first time requested the Standing Committee of the National People's Congress for review,Newly added to non -state -owned enterprise personnel to implement belief and malfeasance。It is foreseeable is,Criminal risks faced by enterprises and corporate personnel will be upgraded again。In this background,It should be more clear about the three major tasks of corporate compliance reform,Reform the dividend of the compliance system of the enterprise,Promoting the sustainable development of the private economy。
(Author is an associate professor in the Law School of Heilongjiang University)
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