Shanghai Pudong: The implementation of legal documents that support procuratorial organs in the country's first local people's congress to promote the reform of corporate compliance reform involved in the case

On the afternoon of July 14, the People's Congress of the Pudong New District of Shanghai held a press conference to introduce the first two management measures introduced in 2022. Among them, the "Several Provisions of the Third Party Supervision and Evaluation of the Enterprise Compliance of the Enterprise Compliance of the Enterprise Involved in the Case of the New District" (hereinafter referred to as the "Several Provisions") submitted to the Standing Committee of the People's Congress of the Pudong New District (hereinafter referred to as the "Several Provisions") is the first local people's congress to support procuratorial organs to promote the case involved in the case. The legal documents of the regulatory reform are also the first management measures formulated by Pudong New District using the central legislation authorized by the central legislation.

March 2020

The Pudong New District Procuratorate was identified as one of the first pilot units of the first batch of enterprise compliance reforms in the country's procuratorate. In April this year, the pilot reform pilot involved in the case was fully launched in the national procuratorate, but this reform is still in the field of legislation. It is blank.

January 2022

At the National Prosecutor's (Expanded) meeting, Zhang Jun, secretary of the Party Group and Attorney General of the Supreme People's Procuratorate, emphasized that "all localities must actively strive for the support of the party committee and government. . The top prosecution must carry out the research work of legislative proposals. "For Pudong, more than two years of pilot experience also needs to be fixed through the method of rule of law, break through the bottleneck of reform in a timely manner, and ensure that the reform is well -founded and stable and far away. Help create a business environment for the rule of law, and better serve the construction of high -quality development in the construction of the area. In this context, the Pudong New District Procuratorate set up a special class, drafted the draft proposal draft of the "Several Provisions", and reviewed and approved at the third session of the Seventh National People's Congress of Pudong New District on June 30 this year.

"Several Provisions"

The positioning requirements of Pudong Pioneer, leading, and breaking new roads are closely integrated, focusing on the implementation of national strategies such as the construction of the Pudong Leading Area, the Shanghai Free Trade Zone and the construction of the Lingang New Area. "It can focus on the selection of criminal cases involving financial, intellectual property, personal information and data security, ecological environment, and safety production." The third -party supervision and evaluation mechanism of "Risk Compliance Notification+Type Supervision Evaluation+Effective Evaluation Theory" is fixed for the third -party supervision and evaluation mechanism and the company's compliance collaboration, new entry into the market entry -based company compliance notification system, etc., and clarify the launch of the third -party mechanism. Procedures and operating processes, third -party mechanism personnel awards and punishment supervision, and third -party organization compliance inspection procedures are suspended, procuratorial organs compliance review and use, and execution connection.

In the pilot reform of the compliance reform of the enterprise involved in the case, in addition to establishing a complete third -party mechanism operating mechanism, we must also pay attention to discovering industry supervision vulnerabilities and summarizing the issues of common governance. The "Several Provisions" clearly states that the procuratorial organs should promote the guidelines and effective assessment guidelines of relevant competent authorities or social organizations to jointly prepare the guidelines and validity assessment of types of compliance, establish financial and financial taxation, environmental ecological protection, intellectual property protection, data network security, biological security, and anti -bribery bribes The negative list of illegal acts in anti -improper competition, etc., use the "compliance guidance" to urge the "self -introspection", further promote enterprises to strengthen self -correction and self -examination, establish a modern enterprise system, and achieve healthy development.

"Several Provisions"

Focusing on the goal of establishing the overall pattern of regional enterprise compliance industries, it has provided regulations on coordinating social forces and strengthening resource allocation. Professional list library, formulate third -party organizational management systems and work procedures, clarify the duties of all parties such as the operation management, supervision and guidance of third -party mechanisms, supervision and guidance, and funding guarantee, strengthen institutional support, administrative supply, and mechanism guarantee to ensure that the enterprises involved in the case involved regulation. For example, the district people's government shall coordinate the compliance construction of enterprises in the district, coordinate the promotion of China's (Shanghai) Free Trade Pilot Zone and the corporate compliance reform and innovation of enterprises in the Lingang New Area; Social organizations such as associations and chambers of commerce should strengthen industry self -discipline and supervision and management, carry out compliance standard formulation, business guidance, etc., and promote fair competition and orderly development of the industry.

Click the link to view the full text: "Several Provisions of the Compliance of Enterprise Compliance in Pudong New Area", the full text of the full text of the full text!

Source: Pudong Procuratorate

Edit: Yu Yingying

Review: Wu Ping

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