Deepen and implement "strict management" and "love", continuously deepen compliance reform of involved enterprises
2024-05-31
On the morning of May 30th, the fourth lecture of the "Supreme People's Court Judges Lecture Forum" with the theme of "Exploration and Practice of Compliance Judicial System for Modern Enterprises with Chinese Characteristics" was held. Zhang Jun, Secretary of the Party Group and President of the Supreme People's Court, attended and exchanged ideas with the students of the New Era Private Entrepreneurs Legal Literacy Enhancement Training Class. Vice Chairman of the All China Federation of Industry and Commerce, Fang Guanghua, attended and delivered a speech. Judges Ma Yan, Hu Yabin, Qi Guoan, Zhang Guosong, and Zhang Qingdong from the Supreme Court and intermediate and grassroots courts, combined with specific cases, introduced the background of the compliance reform of the involved enterprises and the progress in criminal, civil, administrative, and enforcement fields. The chairman of a key enterprise in a certain area who is participating in rectification talked about the company's experience of participating in compliance rectification over the past three years. Representatives from the National People's Congress and Vice Chairman of the All China Federation of Industry and Commerce, Huang Daifang, as well as representatives from the Supreme People's Procuratorate, All China Federation of Industry and Commerce, China University of Political Science and Law, and Wuhan University, Yu Shuangbiao, Tu Wen, Liu Yanhong, and He Ronggong, made exchange speeches. In the subsequent on-site interactive segment, two representatives of entrepreneurs seized the opportunity to ask questions about their confusion in participating in compliance rectification. Fang Guanghua pointed out in his speech that the compliance reform of the involved enterprises is a good policy for warming and benefiting enterprises, a good reform that is in line with the needs of the times and has Chinese characteristics, and has revitalized many enterprises. In the past decade of the new era, the rapid development of private enterprises is inseparable from the continuous improvement of the legal environment. It is hoped that the majority of private entrepreneurs will deeply understand the firm determination of the Party Central Committee to promote the further development and growth of private economy, see the unremitting exploration of the judiciary to create a better legal environment for the development of private economy, become more conscious of being a new force to promote Chinese path to modernization, and make positive contributions to high-quality development. Regarding further deepening the compliance reform of the enterprises involved in the case, Zhang Jun proposes three hopes - hoping that courts at all levels will implement "from a political perspective and from the perspective of the rule of law". The compliance reform of the involved enterprises is an important system that is based on the reality of China's economic and social development, combining "strict management" with "kindness". In implementation, it is necessary to organically combine "from a political perspective" with "from a legal perspective", and accurately grasp policies from a perspective that is more conducive to the development of the private economy. We need to deeply understand the reality that private enterprises in China are developing and growing, relevant institutional norms are not yet perfect, and modern enterprise systems are still under construction. Based on the maximum rescue of the involved enterprises and the preservation of the operating entities, we should actively educate and treat them, and resolutely prevent a judgment from being made. At the same time, we will further strengthen strict management and collaborate with relevant parties to implement third-party regulatory mechanisms. We need to urgently study and introduce relevant institutional norms, enrich relevant content in the "Legal Answer Network" and the People's Court case database, and promote the standardization of compliance reform work for enterprises involved in cases. I hope private enterprises will adhere to law-abiding and compliant operations. Only by complying with regulations and adhering to the law can enterprises achieve stable and far-reaching development and operation. When faced with a trade-off between obvious violations of laws and regulations that can lead to profits and strict compliance with laws and regulations that may result in loss of business opportunities, responsible entrepreneurs should choose the latter. We must firmly say no to illegal business activities such as bribery, tax evasion, smuggling, and infringement of intellectual property rights. We should attach equal importance to compliance construction as we value market sales and financial and accounting internal control. I hope to work with relevant departments to push compliance reform forward. Deepening the compliance reform of the involved enterprises requires the joint efforts of the All China Federation of Industry and Commerce, relevant political and legal organs, administrative departments, and experts and scholars. To jointly promote compliance reform and become a legal provision as soon as possible, providing important institutional basis for relevant units to implement in accordance with the law. To jointly implement compliance regulatory systems, summarize positive and negative cases in regulatory evaluations, and strive to provide practical samples for establishing and improving legal systems. We should jointly promote the continuous improvement of the business environment based on the rule of law, focus on the problems and reform them, resolutely eliminate the ideological concepts and institutional mechanisms that hinder the promotion of Chinese path to modernization, and make private entrepreneurs' expectations of the rule of law environment better come true. Li Chenglin, member of the Supreme Party Group and Director of the Political Department, presided over the event. Zhang Rongshun, the leader of the Discipline Inspection and Supervision Group of the Central Commission for Discipline Inspection and the National Supervisory Commission stationed in the Supreme People's Court, and a member of the Supreme People's Court Party Group, as well as Mao Zhonghua, a member of the Supreme People's Court Party Group, attended. All relevant officials from the All China Federation of Industry and Commerce, the Ministry of Justice, and all students of the New Era Private Entrepreneurs Legal Literacy Enhancement Training Class attended, with officials from the highest legal department and judges attending. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://www.legaldaily.com.cn
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