In order to further strengthen the management of corporate compliance and the study of judicial practice of corporate compliance, recently, Beijing King&Capital Law Firm held "Seminar on Corporate Compliance Practice and Book Launching of "Operational Guidelines for Non-prosecution of Criminal Compliance Cases". Mr. Tian Wenchang, the founding partner and honorary director of Beijing Jing&Capital Law Firm and the consultant of Criminal Committee of All-China Lawyers Association, Prof. Liu Yanhong, the dean of the School of Criminal Justice of China University of Political Science and Law and doctoral supervisor, Mr. Nie Yachao, the director of the Legal Affairs Department of China CNR Corporation, Mr. Wang Yinglai, the deputy director of the Office of China Academy of Launch Vehicle Technology, Mr. Tang Minzhi, the director of the compliance center of Allen & Co. Director of Beijing Kyoto Law Firm, Zhu Yonghui, Partner in Charge of Criminal Practice Department (Director of Kyoto Criminal Defense Research Center), Liang Yali, Partner in Charge of Foreign Affairs Department, Zhang Libin, Partners of Criminal Practice Department, Liu Lijie, Xia Jun, Wang Xintong and other attorneys, and nearly 1,000 legal staff, attorneys, and business managers from more than 30 enterprises and law firms participated in the meeting on the online live broadcasting platform and offline venues, respectively. The meeting was hosted by Chu Changzhi, Managing Partner and CEO of King&Capital Law Firm.
Tian Wenchang lawyer said in the opening speech, the current theoretical research departments, judicial practice departments are concerned about corporate compliance management, especially the reform of compliance of enterprises involved in the case, "compliance without prosecution" is only a small part of the enterprise legal risk prevention and control system, is the enterprise criminal legal risk evolved into a crime a kind of after-the-fact relief way, but that The system has had a very far-reaching impact on promoting the standardized development of enterprises and stimulating entrepreneurship. As a provider of enterprise legal services, lawyers have the ability and conditions to participate in all aspects of the enterprise's compliance management construction, not only can they play an important role in the case of non-prosecution of compliance, but also can play a greater role in the prevention and control of legal risks before and during the incident.
Mr. Tian Wenchang
In his welcome speech, Mr. Zhu Yonghui said that corporate compliance is both a brand new theoretical issue and a brand new practical issue, and it is timely and far-reaching for all the participants to gather together to discuss the practical issues of compliance. At present, the reform of enterprise compliance has shown a trend of extending from pre-trial procedure to trial stage, from criminal field to civil and administrative field, and lawyers, as witnesses and participants of enterprise compliance reform, should be committed to helping entrepreneurs to do the right thing and walk the long-term road of compliance.
Mr. Zhu Yonghui
In response to the "big compliance" and "small compliance" how to coordinate, "corporate compliance" and "criminal compliance" how to In view of how to coordinate "big compliance" and "small compliance", and how to take "corporate compliance" and "criminal compliance" into account and other practical hot issues, this seminar specially set up two thematic units of "corporate compliance management" and "criminal compliance practice".
In the seminar unit of "Corporate Compliance Management", Mr. Wang Yinglai, Deputy Director of the Office of China Academy of Launch Vehicle Technology (CALVT), introduced the effective compliance management initiatives of CALVT, such as embedding the chief compliance officer into the governance structure, setting up a negative list of key areas of compliance management, implementing the three lines of defense in compliance risk management - business, function, and disciplinary inspection and supervision, and adhering to the bottom-line thinking in criminal matters. Compliance management initiatives.
Wang Yinglai, Deputy Director
Nie Yachao, Director of CSR Group, shared CSR Group's compliance management experience of establishing the concept and corporate culture of "compliance is our core competitiveness" and using first-class rule of law and compliance soft power to guarantee the hard power of first-class technology and first-class products in light of CSR Group's goal of creating a world-class enterprise.
Director Nie Yachao
Based on his experience in providing compliance legal services for a number of central enterprises, Mr. Tang Minzhi shared his experience on the effective ways for enterprises to achieve compliance, including the method of sorting out compliance obligations, the construction of classification and hierarchical compliance system, the intelligent compliance platform, and the departmental synergy of compliance work.
Mr. Tang Minzhi
Combining his experience in drafting ISO37301 and ISO37302, Mr. Zhang Libin believes that the key difficulty in the implementation of the compliance system is "internalization of external regulations", and proposes that the future direction of compliance is to shift from corporate governance (traditional compliance) to corporate governance while taking into account natural costs (such as environmental protection and safety, etc.) and social costs (such as antitrust and anti-corruption, etc.). It also proposes that the future direction of compliance is to shift from corporate governance (compliance in the traditional sense) to comprehensive governance that takes into account both natural costs (e.g., environmental protection and safety) and social costs (e.g., anti-monopoly and anti-corruption) in the context of corporate governance, and to achieve a virtuous cycle and sustainable development.
Mr. Zhang Libin
In the seminar on "Criminal Compliance Practice", Prof. Liu Yanhong, Dean of the School of Criminal Justice of China University of Political Science and Law and doctoral supervisor, delivered a keynote speech on "How to Promote Compliance Reform of Enterprises Involved in Cases Through Integration of Prosecution and Law". According to Prof. Liu Yanhong, after more than three years of exploring the compliance reform of enterprises involved in cases, the procuratorial authorities have inspired thousands of enterprises involved in cases to establish an effective crime prevention compliance governance system, accumulated rich experience in reform, and achieved fruitful reform results. With the Supreme People's Court directing the national court system to start integrating case-related enterprise compliance reform since this year, the passive and formalized participation of the people's courts in the reform has fundamentally changed, and it has become an inevitable trend for the prosecution and law to integrate to promote case-related enterprise compliance reform.
Prof. Liu Yanhong
Ms. Liang Yali made a speech entitled "Practice and Reflection on Lawyers' Participation in Compliance Reform of Enterprises Involved in Cases". She believes that it is of profound significance to promote the establishment and strengthening of compliance management system of enterprises in the context of comprehensive rule of law, whether it is to connect with international standards externally to escort the development of enterprises going abroad and compete for the right to speak international rules, or internally to improve the level of corporate governance and promote the domestic enterprises, which are a high proportion of private enterprises, to be in line with the socialist rule of law system with Chinese characteristics. In the field of criminal justice, the reform of the compliance system of enterprises involved in cases starting from "compliance without prosecution", and the joint exploration of the road of corporate compliance reform with Chinese characteristics by the academic and practical circles have become an important part of the exploration of a new mode of cooperation between the state and enterprises in governance. Reform is a means, development is an end; "leniency" is a means, "compliance" is an end. In the corporate compliance has been elevated to the level of overall coordination of the overall situation of the rule of law, to promote corporate compliance for the purpose of development should also have the perspective of overall coordination, the reform of the compliance system of the enterprises involved in the case should be complementary with the judicial protection policy of the private enterprises, corporate compliance should be complementary with the optimization of the business environment, instead of placing too high an expectation on the criminal justice, so that it will bear the burden of the weight that it can not bear. She suggests that the legal professional community should pay joint attention to the roles and functions of all participants in the reform of the compliance system of the enterprises involved in the case, as well as the long-term impact on the development of the rule of law in the country, taking into account the common development of the legal profession, and participating in the construction of the rule of law in the country.
Liang Yali Lawyer
Focusing on the important role of lawyers, especially criminal defense lawyers, in criminal non-prosecution cases, Mr. Xia Jun shared his experience on how lawyers assist enterprises in identifying, exploring and facilitating the application of criminal non-prosecution in practice.
Mr. Jun Xia
Mr. Wang Xintong made an in-depth analysis of the problems of enterprise cancellation, single-crime compliance in multi-crimes, cross-province supervision and other issues in compliance practice, and put forward suggestions and solutions from the perspective of criminal defense lawyers.
Mr. Wang Xin Tong
Mr. Liu Lijie, editor-in-chief of "Operation Guide for Criminal Compliance and Non-prosecution Cases", shared his views on the legitimacy of criminal defense lawyers' participation in the compliance and rectification of enterprises involved in the case, how to carry out due diligence investigation for criminal compliance, and the judgment criteria for the application of compliance and rectification for individual crimes.
Mr. Liu Lijie
In response to the current controversy raised by the theoretical community on the compliance reform of enterprises involved in the case, Liu Lijie Lawyer believes that the modern criminal law theory is gradually established on the basis of the evolution of the agricultural civilization to the industrial civilization in the last few hundred years, and with the arrival of the information technology revolution, the telecommunication fraud, online gambling, virtual currency money laundering and other illegal crimes have already caused a huge impact on the existing criminal theory system, and the auto-pilot traffic accidents, ChatGPT infringement and brain-computer interface and other illegal crimes in the context of artificial intelligence bioengineering technology will certainly challenge the traditional subjective and objective constituent elements theory and penalty system. In this context, the traditional unit crime and criminal liability system is also facing changes and challenges. Lawyers should be sensitive and open to the new business, get involved and practice actively, so as to provide first-hand materials for the research and development of legal theories. On the one hand, the Operational Guidelines for Criminal Compliance and Non-prosecution Cases can provide guidance and reference for practitioners engaged in related business, and on the other hand, it also provides a weapon of criticism for experts and scholars who hold different opinions. We hope that the book will play a positive role in promoting the compliance reform of enterprises involved in the case.
King&Capital Law Firm Managing Partner, CEO Chu Changzhi said in his concluding remarks, compliance is a prerequisite for high-quality development of enterprises, the construction of corporate compliance is a hotspot of common concern for legal experts, business managers and judicial practitioners, King&Capital Law Firm has always adhered to the "pursuit of excellence, not to be entrusted with the" firm culture, long-term commitment to corporate compliance, legal risk prevention and control and other areas of practical research. Kyoto Law Firm has been adhering to the culture of "pursuing excellence and fulfilling responsibilities", and has long been committed to the practical research in the fields of corporate compliance, legal risk prevention and control. We look forward to bringing together the wisdom and experience of experts and speakers through this symposium and the book launch to promote the reform of compliance of enterprises involved in the case, and to actively explore China's program of corporate compliance judicial system.
Mr. Chu Changzhi
Group photo of the conference
Translated with DeepL.com (free version)
