On The Improvement Of Administrative Compliance In Enterprises

Since 2020,the Supreme People’s Procuratorate has deployed and initiated the reform of enterprise compliance system.As an important reform measure for the procuratorial organs to equally protect private enterprises and actively participate in social governance,the pilot enterprise compliance reform has achieved phased results.An institutional framework has been formed with incentive mechanisms such as compliance free arrest,compliance free prosecution,compliance leniency sentencing proposal,and compliance criminal bank connection procuratorial opinions as the main body.The focus of all participants has shifted to how to improve the substantive effect of compliance supervision and inspection and compliance rectification of enterprises involved.After two years of pilot work,enterprise criminal compliance has achieved fruitful results represented by "non prosecution of enterprise compliance" and "third-party supervision and evaluation mechanism".The term "criminal compliance" has been talked about by people.Some people even think that compliance will be meaningless without the intervention of criminal law.However,criminal law can only be used as the final means for the state to govern society,and compliance must not be equated with criminal compliance.In contrast,administrative compliance is the broadest area of compliance.Compared with criminal compliance,the administrative authorities have a closer impact on the daily production and operation activities of enterprises,and the compliance construction of enterprises at the administrative law level has the nature of "prevention and control in advance".Under the background of comprehensively governing the country according to law and advocating to optimize the business environment,it is of great significance to promote the construction of a rule of law government and build a perfect enterprise administrative compliance system for the regulation of administrative violations in the process of enterprise production and operation,and to promote the modernization of national governance system and governance capacity.The first part of the article is the reason for choosing this topic,the significance of the study and the research summary of this issue at home and abroad.It comprehensively introduces the origin and significance of enterprise administrative compliance.The second part expounds the concept,nature,necessity and theoretical basis of enterprise administrative compliance,including market failure theory,state regulation theory and public power theory.The third part combs the system and practice status quo of enterprise administrative compliance in combination with reform practice,including issuing compliance guidance and strengthening administrative guidance,implementing mandatory compliance obligations and establishing preventive supervision mechanism,implementing lenient administrative treatment and administrative reconciliation system of enterprise compliance.The fourth part summarizes the relevant issues in promoting enterprise administrative compliance reform based on the above legal system and practice.It includes the lack of reform impetus of administrative organs,the lack of supervision and evaluation mechanism of administrative compliance,the poor connection between the internal and "execution" of administrative organs,and the openness and transparency of enterprise administrative compliance.The fifth part puts forward suggestions on construction and enterprise administrative compliance.Including defining the applicable subject,adopting classified application mechanism,establishing administrative compliance incentive mechanism,strengthening enterprise compliance publicity,strengthening prior administrative guidance,establishing enterprise administrative compliance evaluation mechanism and strengthening e-government construction.