Research On The Third-party Compliance Supervision And Evaluation Mechanism Of Criminal Enterprises

The third-party compliance supervision and evaluation mechanism of criminal enterprises(hereinafter referred to as the third-party mechanism)is a system explored and established in the pilot reform of enterprise compliance in China.The research on this field is still in the initial stage,and there are deficiencies in the theoretical and institutional level,which has great research value.The topic of enterprise compliance has aroused extensive discussion in recent years.As an important achievement of the compliance pilot work reform of crime-related enterprises,the third-party mechanism is also destined to be the focus of the theoretical and practical circles since its birth.On June 3,2021,the establishment of compliance enterprises involved in the third party supervision and evaluation mechanism guidance(trial)"(hereinafter referred to as the guidance),marks the third party mechanism at the national level,the research literature and cases since the" guidance " increased significantly,relevant experts and scholars and practitioners in the field of research also began to develop.As enterprise compliance pilot reform work across the country,means that the development of the third party mechanism into a new stage,if the third party mechanism can be formally established in legislation in China,to enhance the level of enterprise governance in China and ability,create a good business environment,promote the sustainable development of economy,realize the modernization of management system and management ability is of great significance.On the basis of reading the third party mechanism related literature,combined with the practical experience of the pilot reform,analysis of the typical cases in the pilot reform work,explore the difficulty of the third party mechanism,and to solve the problem as a fundamental starting point,put forward the improvement of the third party mechanism,designed to the theoretical research and practice work to provide some meaningful thinking.This article consists of five parts,containing as follows:The introduction part discusses the research background and significance of the third party mechanism in detail,and establishes the research idea of this paper through reading and analyzing the research literature,that is,by analyzing the current basic theory and system status of the third party mechanism,it finds out the existing problems in the development of the system,and puts forward the improvement and solutions.In terms of research methods,the literature research method and case analysis method are the basis to provide theoretical and practical basis for carrying out third-party mechanism research,and on this basis,the innovation and shortcomings of this paper are summarized.The first chapter for the basic theory of the third party mechanism research,on the basis of the related research literature,the basic concept and characteristics of the third party mechanism,background and external origin,research analysis the origin of the third party mechanism and the basic content,then from two aspects of corporate governance and social governance,the necessity of the development of the system analysis,in order to demonstrate the legitimacy and rationality of the development of the third party mechanism.The second chapter to the relevant research literature and pilot areas of supporting normative documents for the research,analysis of the third party mechanism system present situation,from the relevant normative documents,operation organization system,the construction of professional team,supervision system and the improvement of regulatory measures,etc.,to clarify the system of development stage and development direction.In this way,we demonstrate the practice and exploration of the compliance pilot reform of criminal enterprises in China,and provide practical basis for the subsequent problems.Chapter III takes the practical experience and typical cases of each pilot area as the basic guidance,and analyzes the main problems of the system from the aspects of the third-party mechanism,the applicable power of the third-party mechanism,and the operation guarantee of the third-party mechanism.In this way,the shortcomings of the third-party mechanism are demonstrated,and the possible direction of future development and improvement is explored through the analysis of the problems,so as to provide a basis for the subsequent improvement of countermeasures.Chapter four before the problem and the analysis of the problem,put forward the system development and perfect countermeasures,aims to help the system theory of rich and perfect,at the same time in the practical level for the system reform,promote the modernization of enterprise management system and management ability,promote the high quality of economic development to provide beneficial power.