Research On The Application Of Enterprise Compliance And Rectification Mechanism In The Securities Administrative Settlement System

As a dispute resolution mechanism,securities administrative settlement is a new attempt by the executive branch in the field of administrative law enforcement.It shows the characteristics of the combination of government administrative supervision and party autonomy,it accords with the idea of building a service-oriented government and a government ruled by law.The contract-based administrative law enforcement idea,the self-regulation theory and the cooperative governance model constitute the legitimate basis of applying the enterprise compliance mechanism in the administrative law enforcement reconciliation.In the current practice of administrative law enforcement reconciliation is faced with many difficulties,such as the lack of a complete information disclosure mechanism,the requirements of compliance and rectification,and the corresponding continuous supervision mechanism.The current securities administrative settlement system does not propose to improve the internal governance structure of enterprises,strengthen the cultivation and inspection of corporate compliance culture.Thus leading to the relevant system in the prevention and control of illegal acts of enterprises,the role of the greatly weakened.Can See that enterprise compliance in the field of administrative law enforcement,especially in the application of administrative law enforcement reconciliation is both necessary and feasible,in the future,it is suggested that enterprises may formulate and implement compliance and rectification plans in accordance with relevant norms in exchange for the incentive of lenient administrative penalties.The supervisory authorities may further implement the implementation of the enterprise compliance and reform plan in terms of measures such as issuing compliance guidelines or guidelines,establishing and improving compliance review mechanisms and assessment and supervision mechanisms,and strengthening supervision and law enforcement efforts,on this basis,we should constantly improve the application of enterprise compliance in the securities administrative settlement system to ensure the full realization of compliance governance effect,finally,it helps enterprises to correct illegal acts,protect the legitimate rights and interests of market investors,and regulate and guide the stable and orderly operation of the securities market.