44 45 The Construction of Anti-Corruption Compliance System of Private Enterprises is seen from the Compliance Case of Company A For a long time, the term “anti-corruption” was often associated with public power and was thought to apply only to the government and state-owned enterprises. However, in fact, anti-corruption is not only the task of state-owned enterprises, private enterprises, as an important market economy, play a huge role in ensuring people’s livelihood and promoting employment. At the same time, we should also realize that in today’s society, the internal corruption cases of private enterprises emerge in an endless stream, which directly affects the production and operation of enterprises. In recent years, Alibaba, Tencent, Baidu, Jingdong, Wanda, Huawei, etc., have also begun to pay attention to anticorruption and carry out the construction of anti-corruption compliance systems. Therefore, the anti-corruption of private enterprises is also a continuous work, perfect anti-corruption system and effective internal investigation can be used as the reasons for cutting corporate responsibility, so that enterprises can achieve better criminal risk prevention and control. The establishment of enterprise anti-corruption compliance system is one of the important standards for enterprises to move from “paper compliance” to substantive compliance, so it must be paid attention to. So, how should the anti-corruption compliance of private enterprises be carried out? What are the key points of system building? From the perspective of an anti-corruption compliance case of a private enterprise carried out by the author, this paper will analyze the key points of building anticorruption compliance of private enterprises. 1. THE BACKGROUND OF THE PRIVATE ENTERPRISE INVOLVED Company A is suspected of bribery, facing criminal prosecution, after the procuratorial organ suggested that the compliance reform mechanism of the enterprise involved should be applied, requiring the enterprise to establish a sound anti-corruption compliance system. 2. SUMMARY OF ANTI-CORRUPTION COMPLIANCE RISKS OF PRIVATE ENTERPRISES INVOLVED IN THE CASE After sorting out, the main anti-corruption compliance risks of Company A are as follows: 2.1 There are substantive defects in the governance structure of Company A and the excessive power of the actual controller is the core cause of the case 2.2 The management loopholes in the financial system of Company A and the failure to strictly implement various systems are the direct causes of this case 2.3 Company A’s weak compliance foundation and lack of risk identification and response mechanism are the internal reasons for the case To sum up, the causes of this case include substantive defects in the governance structure and excessive power of the actual controller; There are management loopholes CHAPTER 1
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