Reaearch On The Realization Path Of Enterprise Adminstrative Compliance

At present,in order to create a good business environment and ensure the normal production and operation activities of market subjects,China advocates abandoning the traditional severe punishment and using some non mandatory means on the premise of achieving the purpose of administrative management.Therefore,China’s administrative organs have introduced administrative compliance in the process of administrative supervision,that is,a system that urges enterprises to self-management and self innovation through the administrative means of combining leniency and strictness.With the help of administrative means,such as issuing administrative guidelines,implementing administrative reconciliation system,lenient treatment of compliance,administrative compulsory compliance system,etc.,administrative supervision authorities are lenient and strict,and urge enterprises to realize self-regulation.At present,the administrative organs are still exploring the establishment of administrative compliance supervision path.It is urgent to strengthen the research on administrative compliance in order to explore a more perfect administrative compliance path.The first part introduces the development process and rising background of enterprise compliance,defines the concept of enterprise administrative compliance,distinguishes the confusing concepts such as criminal compliance,enterprise compliance and administrative punishment.The second part expounds the necessity of enterprise administrative compliance from the three dimensions of the limitations of traditional supervision,the connection of compliance execution and the maintenance of public interests,analyzes the feasibility of enterprise administrative compliance from the perspectives of theoretical support and practical basis,and then confirms its institutional advantages from the three dimensions of enterprise,government and country to prove the legitimacy of enterprise administrative compliance.The third part concretely launches the institutional elements of enterprise administrative compliance from three levels: the shaping of the model,the renewal of the concept and the innovation of the mode.With the change of administrative mode from single,compulsory and paying attention to afterwards punishment to pluralistic,negotiation and paying attention to the whole process prevention;With the renewal of the concept of incentive supervision,consensus supervision and effective supervision combined with traditional supervision methods;With the rise of flexible supervision and responsive supervision,the development of administrative compliance is "natural".The fourth part analyzes and combs the current administrative compliance supervision mechanism in China,and further puts forward optimization suggestions.It can issue administrative compliance guidelines to guide the construction of enterprise compliance system,and establish corresponding compliance certification standards to ensure the implementation of enterprise compliance construction;Enterprises can also be encouraged to comply by taking enterprise compliance as a defense against no responsibility or a reason for reducing responsibility;The compliance provisions can be introduced into the settlement agreement by piloting the administrative settlement system;It can also give enterprises compliance pressure through compulsory compliance;Promote enterprises from "passive compliance" to "active compliance" in various ways,strengthen self-regulation and eradicate the "soil" of violations and crimes.