15 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 WWW.LEGALBUSINESSONLINE.COM/CHINA BROUGHT TO YOU BY DU XIAOMAN ALB: Compliance is one important work area of any legal and compliance team. How does Du Xiaoman Legal and Compliance Department upgrade its professional capabilities in compliance work? Xing Jing, General Manager of Du Xiaoman Legal and Compliance Department: Du Xiaoman has licensed institutions such as those for micro loan, fund distribution, insurance brokerage, payment, commercial factoring, private equity and corporate credit reference, offers more than 100 products, has hundreds of millions of customers, and records annual transaction value exceeding a trillion yuan. This requires us to have a very high degree of professionalism in order to do a good job in compliance. I think our strategy can be summarized in four words: broad, extensive, specialized and meticulous. Being “broad and extensive” means that we need to have a comprehensive understanding of the knowledge in field such as banking, securities, insurance, funds, trust, private equity, payment, factoring and corporate credit reference. Being “specialized and meticulous” means that we should have an accurate judgment on the details in each business format, so that we can serve as reliable advisors to leaders and provide bases for business decision-making. To build up the team’s professional competency, I pay special attention to cultivating an atmosphere of learning within the team. I believe that team members should not just focus on improving technical skills, and that only by having a strategic plan and improving one’s vision can he or she really do a good job in compliance. Under the direction and influence of the CEO and CRO, in addition to technical books, I also encourage everyone to read extensively about business management, history, culture, psychology, etc. to improve humanistic quality. ALB: What are the principles and rules that Du Xiaoman Legal and Compliance Department uphold? Xing: The principles and rules we uphold in our work function like axioms and theorems in mathematics as the top-level framework. First, everyone is responsible for compliance. Therefore, compliance risks should be prevented by effective implementation of the first, second and third lines of defense level by level and division of tasks. Second, compliance must be included in everyone’s performance appraisal, and veto applies to major compliance accountability incidents. Third, we insist on licensed operations, strictly ban unlicensed business, and fold firmly onto the red lines of compliance in various fields. Fourth, while meeting immediate compliance requirements, we should align with the sustainable development of regulatory trends in product design and innovation. Fifth, we must effectively fulfill legal obligations and social responsibilities such as anti-money laundering, anti-telecommunications fraud and consumer rights protection, to safeguard users’ legitimate rights and interests and improve their financial services experience. Sixth, in light of the characteristics of Internet finance and technology business, we will refer to the regulatory requirements applicable to financial institutions and central enterprises and learn from advanced experience. Seventh, we abide by social ethics and public order and good customs, pursue substantive compliance, and refrain from covering up illegal purposes in a superficially compliant form. ALB: How would you describe the characteristics of compliance work? Xing: Compliance work is like water. First, we must persevere like water, and uphold principles and directions in the face of difficulties and controversies. Second, we clean up the filth like water to promptly detect and reject illegal business. Third, we are everywhere like water, providing support for all scenarios and processes. Fourth, we are called upon in times of crisis like water to promptly put out fires and safeguard the company’s rights and interests in the event of disputes or negative incidents. At the same time, “water benefits everything but never shouts about its contribution”. Behind outstanding business achievements and technological progress lies the quiet yet steady dedication and support of compliance work. ALB: With increasingly stringent regulation, how do you balance the relationship between innovation and risks in compliance work? Xing: In recent times, financial regulation has been tightened. In my opinion, this is actually a filtering process which contributes to the stability of the entire market and the survival of quality companies, and prevents bad players from squeezing out good players. In this process, compliance professionals should encourage moderate innovation that respects the basic attributes of finance. Moderate innovation should serve real economy and inclusive finance, and safeguard the legitimate rights and interests of customers. As long as we keep these principles in mind, we will not go down the wrong path, and we will know what to do and what not to do. At the same time, we must also properly handle the relationship between surface phenomenon and substance to better serve innovation. Let me use a metaphor here, which is also my understanding after all these years: “Risk management is about noticing the dark clouds and brewing storms that are about to overwhelm the city after the bright sunshine, the murderous intentions of sword-wielding guests at a fabulous banquet, the dying body covered under fine clothes and exquisite jewelry, the dirty soul under sanctimonious performance, and the ulterior motives hidden in a righteous speech.” We must be able to pierce through the surface to see the essence of financial products and counterparties, and detect risks that have been continuously accumulating behind innovative development. 合规如水，于广博中求精微： 专访2023 ALB China十五佳新科技公司法务团队： 度小满科技（北京）有限公司法律合规部 Providing All-round, Accurate and Meticulous Services in Compliance Work Interview with the Legal and Compliance Department of Du Xiaoman Technology (Beijing) Co., Ltd., winner of 2023 ALB China Top 15 New Technology In-House Teams ALB：合规是法律合规团队的重要工作之一。度小满法律合规部如何提升合 规工作中的专业能力？ 度小满法律合规部总经理邢璟：度小满拥有小贷、基金销售、保险经纪、支 付、商业保理、私募基金、企业征信等持牌机构，百余种产品，上亿级客户，万 亿以上的年交易规模，要想做好合规工作，需要我们具备非常高的专业性， 我觉得用四个字来形容就是广、博、精、微。 “广、博”就是对业务涉及的银、证、保、基金、信托、私募、支付、保理、 企业征信等领域知识要有全面的认识。“精、微”就是对每一个业态里业务细 节有一个准确的判断，才能给领导做好参谋，给业务决策提供依据。 为了培养大家的专业能力，我特别重视培养团队的学习氛围。我认为 “诗里的功夫在诗外”，只有高屋建瓴，提升视野和格局，才能真正做好合规 工作。在公司CEO和CRO的指导和影响下，在专业书籍之外，还鼓励大家多 涉猎管理、历史、文化、心理等领域书籍，提升人文素养。 ALB：度小满法律合规部秉持的原则、规则有哪些？ 邢璟：我们在工作中秉持的原则及规则就如同数学中的公理和定理一样作 为顶层框架，一是合规工作人人有责，一二三道防线逐级落实、分工防范合 规风险；二是将合规事项纳入全体考核，重大合规责任事件一票否决；三是 坚持持牌经营，杜绝无照驾驶，严守各领域合规红线；四是各项产品设计和 创新，在满足当前合规要求的同时，应当考虑符合监管趋势可持续发展；五 是切实履行反洗钱、反电诈、消费者权益保护等法律义务和社会责任，维护 用户合法权益，提升金融服务体验；六是结合互联网金融、科技业务的特点， 参考适用金融机构以及央企监管要求，借鉴先进经验；七是遵守社会道德和 公序良俗，追求实质合规，避免以合法合规形式掩盖非法目的。 ALB：您觉得合规工作有什么特质和特点？ 邢璟：合规工作有如水一样的品质，一是坚忍不拔，面对困难和争议坚守原则、 坚持方向；二是涤荡污浊，及时发现和否决违规的业务；三是无处不在，为全场 景、全流程提供支持；四是临危受命，及时救火，在发生争议或负面事件时维护 公司权益。同时，“水利万物而不争”，在各项业务亮眼成绩和技术进步成果的 背后，是合规如水一样的默默奉献和支持。 ALB：在监管不断趋严的背景下，如何在合规工作中处理好创新与风险的关系？ 邢璟：近年来金融监管日趋严格，我认为，这其实是一个去粗取精、去伪存真 的过程，有利于整个市场的稳定，以及优秀企业的生存，避免出现劣币驱逐 良币的情况。在这个过程中，我们合规人员要鼓励尊重金融基本属性的适度 创新。适度创新要服务于实体，服务普惠金融，维护客户正当权益。只要牢记 这些原则，方向就不会错，就知道什么该做，什么不该做。 同时还要处理好现象与本质的关系，才能更好的服务于创新。在这里， 我做一个比喻，也是我多年的感悟：“管理风险，就是要看到明媚的阳光后即 将压城的乌云和酝酿的风暴、盛世华堂歌舞升平中刀光剑影四伏的杀机、珠 光宝气精美绝伦的锦衣下行将就木的身躯、道貌岸然的表演下龌龊不堪的 灵魂、义正言辞的演说中不可告人的目的。”我们要透过现象看到金融产品 的本质、交易对手的本质，要看到创新发展背后不断积累的风险。 度小满法律合规部总经理及主要团队负责人
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