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"Opinions on Comprehensive Promoting the State and Enterprise Construction of the Law" policy interpretation
Release time: 2018-04-16 & nbsp & nbsp & nbsp Source: Anonymous

     According to the "Opinions on the Construction of the State -owned Assets Supervision and Administration Commission of the State Council" (Opinions on the Construction of the Law of the Law of the Law "(State -owned Issuance Regulations [2015] No. 166),and the Provincial Government's arrangements for strengthening the construction of the rule of law,Combined with the actual situation of the enterprise,The Provincial SASAC has formulated the "Opinions on Comprehensively Promoting the Construction of State -State and Enterprises of the Law" (hereinafter referred to as Opinions)。        "Opinions" starts from the status and problems of the construction of the rule of law of the enterprise,I made a countermeasure,The level of improving the construction and management of the rule of law in supervision enterprises will play a positive role。Interpretation of Opinions from the following four aspects,helps to correctly understand and implement administrative regulations,Promote comprehensively strengthening the work of the rule of law in the province's supervision enterprises。

 

    I. The purpose and significance of the "Opinions"

 

    The purpose of the introduction of "Opinions",First, insist on surrounding the center,The overall service development situation。Tightly surrounds the goals of the reform and development of state -owned enterprises in our province,Adhere to governance according to law、Operation according to law、Advance management according to law,Promoting provincial enterprises to become a complete modern enterprise system,Keeping in integrity、Specification Management,Keeping in integrity、Fair competition stake sports betting applegal stake betting appentities and market entities。

 

    Second, insist on problem -oriented,Make up work short board。The general legal adviser to exist in corporate legal system construction is not in place、Legal review is not in place、Institutions are not in place、Not in place of legal dispute cases and other problems,The construction of the rule of law for provincial enterprises in 35 provinces and cities across the country,Proposal to improve countermeasures,Problem -oriented,Forced work to implement。

 

    Third is to adhere to policy -oriented,Promote in accordance with laws and regulations。Implement the requirements of the Central Provincial Provincial,According to the Legal Advisor System of the State -owned Assets Supervision and Administration Commission of the State Council、Policies of legal risk prevention,Promote the construction of rule of law and enterprises in accordance with the system of decision -making and management in accordance with the law,Forms a rigid constraint,Implement the main responsibility in accordance with laws and regulations。

 

    Fourth, insist on comprehensive coverage,Highlighting work focus。Comprehensively integrate the requirements of the enterprise in accordance with the requirements of the law of the enterprise into all aspects of the company's decision -making and operation,Permination of various business areas and management levels,Highlight governance according to law at the same time、Operating in compliance according to law、Standardize the construction of rule of law in key areas in accordance with the law。

 

    Opinions "the construction of the rule of law state -owned enterprises as an important part of our committee's implementation of the government's construction of the rule of law,As the reform of state -owned enterprises as state -owned enterprises、Promote the establishment of important contents of the establishment of a modern enterprise system to catch,For further strengthening the construction of the rule of law of provincial enterprises,Promotion Yiyirule of lawEnterprise capabilities, which is of great significance to improve the level of legal management.

 

    2, the overall requirements of "Opinions"

 

    1 is guiding thought。"Opinions" is clear,We must closely focus on the goals and tasks of the reform and development of state -owned enterprises in our province,Based on improving the corporate legal management organization system,Effective resolution risk、Operation in accordance with laws and regulations as a target,Taking the legal management ability of enterprises as the means,Promote the Stake Sports BettingMy stake betting apprule of law system of provincial enterprises、Rule of rule of law、The rule of law culture further improves,Promote the healthy and sustainable development of the enterprise。

 

    The second is the overall goal。"Opinions" is clear,By 2020,Provincial corporate legal consultant system is fully established,Enterprise rule of law system、Rule of rule of law、The rule of law culture further improves,Perfect governance、Business compliance、Management specification、The rule of law enterprise that keeps the law of integrity is basically established。

 

    3, the main task of "Opinions"

 

    First。The focus is on the requirements of implementing the main person in charge of the enterprise as the first responsible person in the rule of law,Improve the system of leading cadres' centralized law,Establishing a report system for regular listening to the progress of the construction of the rule of law。

 

    Second, comprehensively implement the system of corporate general legal consultant。The focus is on the establishment of a full -time general legal adviser of the large enterprise in the enterprise group and its affiliated enterprises,Set the general legal consultant to write into the company's articles of association。General legal adviser will be selected by the board of directors to recruit professionals,Responsible for the chairman of the company or the legal representative,Enjoy the deputy treatment of corporate operation team。General Legal Consultant Candidates After the SASAC is submitted to the Provincial SASAC,Enterprise hires appointment according to procedures。Clarify that corporate leaders must not be concurrently served as general legal consultant,It can be equipped with deputy general legal consultants as needed。

 

    Third is to improve the corporate rules and regulations and system。Requires to strengthen the legal review of the legal affairs agency on the legal review of the rules and regulations,Implementation mechanism for the rules and regulations,Regularly carry out rules and regulations cleaning up,Constantly improving the management system of enterprise through "changing waste"。

 

    Fourth, establish and improve corporate compliance review mechanism。This is the new requirements of the State -owned Assets Supervision and Administration Commission of the State Council,It is also the main direction of the next legal supervision。The focus is to improve the legitimacy of major decision -making、Compliance review,Establishing a working mechanism in advance stake online sports bettingMy stake betting appfrom major overseas project legal consultants,Strictly implement the legal review system for contract,Enterprise reported to the Provincial SASAC for review、Decided major matters,Or the relevant matters required by the SASAC,A review opinions signed by the general legal adviser should be issued。

 

    Five is to build a corporate legal risk prevention and control mechanism。Focus on the establishment of the entire field of corporate management、The legal risk prevention and control mechanism of the whole process,Strengthen the review of 9 business management activities,Create a unified legal information system,Strengthen internal process control,Implementation of legal disputes supervision and filing。

 

    Six is ​​the improvement of corporate legal work system。Focus on requiring enterprise groups and large enterprises among its affiliated enterprises should set up independent legal affairs agencies,Legal personnel who need to be adapted to operating management。Enterprises should actively extend the requirements of institutional construction to their affiliated enterprises,Make sure the organizational system is complete。Establish and improve the training system for legal personnel,Comprehensively improve the comprehensive quality and professional literacy of legal personnel。

 

    Seven is to explore the establishment of an enterprise compliance management system。Focus on requiring enterprises to strengthen the compliance management system、System、Cultural Construction,Explore the establishment of the specific organization of the general legal adviser,The legal department is responsible for comprehensive management,Related business department division of labor is responsible、Coordinated compliance management system,Research and formulation unified effectiveness、Comprehensive coverage、Classified compliance system standards。

 

    Eight is legal management of key areas and key links in accordance with the law。Focus on strengthening investment in enterprises、Reconstruction and reorganization、External guarantee、Property rights transfer、Material purchase、Management in key areas such as bidding and bidding,Improve the internal supervision system of the enterprise,Formation of law and auditing、Discipline Inspection and Supervision、Patrol、Supervision of the financial and other departments。

 

    Four, the organizational guarantee of "Opinions"

 

    1 is to improve understanding,Stake Sports BettingStrengthen leader。To clarify stake betting appthe leadership agency of the rule of law,Accelerate the responsibility of the main person in charge of the formation of the enterprise、General legal adviser led to advance、The specific implementation of legal affairs agencies、Work mechanism jointly participated in various departments。

 

    The second is to clear the goal,Formulate plan。It is necessary to formulate an implementation plan for the construction of state -owned enterprises in the rule of law,Clear goals and tasks,Decompires and refine various tasks,Research on item by item proposes implementation measures,Determine the time node and work responsibility。

 

    Third is to implement responsibility,Strict assessment。To establish the assessment index system and assessment standard of the enterprise in accordance with the rule of law,Establishing an incentive mechanism for the rule of law,Clear responsibility accountability system,Implementing the accountability system。

 

    Fourth is extensive publicity,Create environment。To carry out in -depth education of the rule of law,Promoting the institutionalization of publicity and education of the rule of law、Normalization,Actively establish an excellent enterprise that emerged in the construction of the country of rule of law、Collective and personal typical,Give full play to the leading role。