社会治理及其对企业合规治理的切入和渗透

The Concept and Method of Social Governance Cut in and Penetrate into Compliance Governance

社会治理的理念强调在法治背景下实现自治与德治的融合,其运作方式是通过包括道德规则在内的社会规则体系完成社会秩序的整合。企业合规治理也是通过建构一套以法治为背景、以商业道德为核心的规则体系,实现德治与自治的融合,以达到内部秩序的整合,并最终通向自治。企业合规治理在全球已经变成一种流行的治理方式和风险防控机制,同时也是企业可持续发展的基本路径。企业合规治理体系是企业自我监管、自我发展、自我整改的表现,其本质是一种社会自治,在整个治理体系中发挥着基础性作用。社会治理体系的形成也是一种社会文化的形成,这种文化是以道德为核心、以自治为特色、以法治为背景的。而企业的合规治理也是为了促成一种企业文化的形成,这种企业文化也是以商业道德为核心、以公司自治为特色、以国家法治为背景的。

The concept of social governance emphasizes the integration of autonomy and rule of virtue under the background of rule of law.Its operation mode is to complete the integration of social order through the social rule system including moral rules.Corporate compliance governance is also to achieve the integration of rule of virtue and autonomy by constructing a set of rule systems with the rule of law as the background and business ethics as the core,so as to achieve the integration of internal order and ultimately lead to autonomy.Compliance governance is a global popular way of corporate governance and risk prevention and control mechanism,and it is also the only way for sustainable development of enterprises.At present,it is an urgent task and a major issue for Chinese companies,regulatory authorities and judicial organs to implement and improve the compliance governance mechanism.From the current situation of legal circles at home and abroad,there are few works on the systematic discussion of compliance issues,and there are few works on the systematic study of compliance issues from the ethical dimension and social governance dimension.The construction of compliance governance system is of great practical significance.It not only has important legal significance,but also has profound social governance( "virtue governance") significance.