Research On Guidance List System Of Enterprise Administrative Compliance

In order to fit the construction of a law-based business environment,administrative organs guide enterprises to check administrative compliance risks and guide enterprises to operate in compliance by issuing the Administrative Compliance Guidance List for Enterprises.Enterprise administrative compliance guidance list system is an innovative measure for administrative organs to promote compliance process construction.Enterprise administrative compliance guidance list is the specific application of the list system in the field of compliance guidance.It is a flexible supervision method carried out by administrative organs to prevent administrative compliance risks from the perspective of compliance.The guidance behavior does not have a mandatory force,and is different from the compliance guidance behavior promulgated by administrative organs in the form of normative documents.It is also different from the administrative law popularization behavior formed by sorting out the prohibitive provisions of the law.The issuance of the administrative compliance guidance list for enterprises is in line with the construction of the business environment,which requires the administrative supervision organs to transform the supervision after the implementation into the pre-implementation concept,improving the efficiency of administrative supervision.The compliance content in the guidance list also provides a framework for enterprises to establish the compliance system,saving the cost of compliance design for enterprises.However,from sorting out the contents of the administrative compliance guidance list of enterprises,it can be seen that there are multiple policies and multiple regulations,and the administrative organs have not clarified the difference between legality and compliance,resulting in repeated legal provisions in the compliance guidance list.The homogeneity of the list content is prominent and the standardization formulation procedure is missing.In addition,the list is content oriented,but it ignores how to implement the list mechanism and give play to the compliance guidance effectiveness of the list.Based on this,the list of administrative compliance guidance should be improved,and the main body of the production should be coordinated by the Ministry of Justice and formulated by municipal administrative organs,and the authority of the list system should be cancelled for county-level cities with low administrative level.The content of the list should be dynamically managed,and the discretionary power of administrative organs should be given full play to respond to the compliance needs of enterprises where the rules are unclear.We will further identify and reduce the objects of compliance,and establish special compliance in areas with frequent violations and emerging areas.In the process of making the list,listen to the needs of the enterprise.By issuing compliance certification,distinguishing the frequency of administrative inspection,introducing lenient punishment and other compliance incentive mechanisms,this paper promotes the implementation of the compliance guidance list system and gives full play to the effectiveness of compliance administrative guidance.