企业违法中主要负责人制度研究

Research on the System of the Main Responsible Personin Enterprise Illegality

企业主体责任的落实关键在于主要负责人,主要负责人制度是行政法领域的独有制度设计。梳理现有法律规范发现,主要负责人的规定在范围、内容、职责等方面存在诸多缺漏与不足,进而导致执法实践中普遍存在主要负责人有责而不担责、知责而不履责的现象。因此,厘清主要负责人基本理论,明确规定主要负责人制度规则,切实推动主要负责人履职尽责,不断提升企业治理水平成为紧迫的时代课题。以推进中国式法治现代化为契机,主要负责人制度应当明确主体范围、责任范围、责任认定等内容,构建科学的责任体系,推进企业合规建设。

The key to the implementation of the main responsibility of enterprises lies in themain responsible person of of enterprises. The main responsible person system is the unique systemdesigning in the field of administrative law. At present, in the existing legal system, there aremany defects and deficiencies in the provisions on the main responsible person in terms of scope,content, responsibility, etc, which leads to the widespread phenomenon that the main responsibleperson has responsibility but not assuming responsibility, and knows responsibility but not performingresponsibility in law enforcement practice. Therefore, it is an urgent issue of the timesto reasonably clarify the basic theory of the main responsible person, clearly stipulating the systemrules of the main responsible person, effectively promoting the main responsible person toperform his duties and continuously improving the level of corporate governance. Taking the opportunityof promoting the modernization of the Chinese-style rule of law, the main responsibleperson system should clarify the scope of the main body, the scope of responsibility, the identificationof responsibility, the way of responsibility and other contents.