年鉴2023
FOREWORD ·序言
028
cate, a letter of credit, and a passport. At the
same time, it may be an exemption card when
encountering criminal cases.
Currently, enterprises lack awareness of
\"legal examination\". The Xiamen Bar Association once conducted a survey and found
the following prominent problems: 1. They
have an insufficient understanding of corporate compliance and start late in compliance
construction. 2. They can understand external
regulations and management rules on compliance but have little knowledge of internal
compliance content. 3. The main reason for
the obstacles to corporate compliance is the
lack of professional compliance teams and
knowledge, making it hard to afford high-cost
compliance construction. 4. Due to the insufficient risk resistance ability and management
level of enterprises, the motivation for compliance construction is not enough.
We need to consider corporate compliance
from the following three aspects: corporate
autonomy compliance, administrative supervision compliance, and judicial review compliance.
The first line of defense for corporate autonomy compliance is the construction of
a corporate compliance culture. A focus of
modern corporate compliance is to shape a
compliant corporate culture. Leaders of enterprises should attach great importance to
this. Whether it is marketing, production, or
research and development, it should be based
on compliance. Moreover, the corporate compliance culture should be deeply rooted in the
enterprise so that every employee knows the
impact of compliance on the vitality of the enterprise.
The second line of defense for corporate
autonomy compliance involves building a
compliance system, including specialized area
compliance and a compliance education and
training system for all employees. We should
consider this from both \"big and small\" aspects. \"Big compliance\" refers to system construction, while \"small compliance\" means
compliance construction in specific fields. \"Big
compliance\" addresses non-compliant chronic
issues that may exist within enterprises, while
\"small compliance\" means special governance.
By combining big compliance with small compliance, enterprises will go further and further
on the path of compliance.
We need to prioritize administrative supervision compliance. For example, cosmetic
enterprises must strictly adhere to the Regulations on the Supervision and Administration
of Cosmetics and its related supporting regulations and normative documents, national
standards, technical norms, etc. Another
aspect of administrative compliance that is
easily overlooked is combating unfair competition, including anti-commercial bribery and
anti-monopoly.
In administrative compliance, the protection of business secrets is also emphasized.
Intentionally or unintentionally involving
business secrets of enterprises while at work is
also a crucial aspect of compliance, yet it tends
to be overlooked. Moreover, it can even lead to
violations and illegal acts such as leaking business secrets during personnel transfers.
We should aim for judicial review compliance. China has now realized an integration
of civil, administrative, and criminal review.
If national interests are involved, it has a tremendous promoting effect on the compliance
of the enterprises by bringing the compliance
time node from the trial compliance forward
to the prosecution compliance Enterprises
should prioritize compliance education and
the construction of the compliance system.
In terms of judicial review compliance, the
Supreme People's Procuratorate, the Supreme
People's Court, the Ministry of Justice, and
relevant ministries and commissions have
issued relevant laws, regulations, and departmental rules. It is hoped that enterprises will
recognize the significance of these regulations
and undertake serious study to regulate their
behaviors.
The Twelfth Amendment to the Criminal
Law has modified the object and scope of anti-corruption, which now encompass breaches
of trust and dereliction of duty by private enterprise personnel as criminal law regulations.
At the same time, discipline inspection and
supervision have made bribery a crucial task,
so fragrance, flavour, and cosmetic enterprises
must prioritize anti-corruption measures.
Beauty needs to abide by laws and regulations. Only by prioritizing compliance can we
go further and more steadily, and build a sustainable foundation for enterprises.
We need to consider corporate
compliance from the following
th ree aspec ts: co rpo ra te
a u t o n o m y c o m p l i a n c e ,
administrative supervision
compliance, and judicial review
compliance.