In recent years, the State-owned Assets Supervision and Administration Commission (SASAC) has attached great importance to the construction of enterprise compliance system, and it can be seen that the construction of enterprise compliance management should adhere to the rule of law and informatization in parallel, and the compliance of central enterprises has officially entered the era of big data. The key list that enterprises must establish as clearly stipulated in the Measures for the Management of Enterprise Compliance is an important part of the current compliance management system of state-owned enterprises and a key support for compliance risk management and control in key areas. "Three lists", including a list of risk identification, a list of post compliance responsibilities, and a list of process control.
In the process of compliance management, special areas should be managed, including anti-commercial bribery, anti-unfair competition, anti-monopoly, etc.;
The digitalization of compliance management should be embedded, connected with business systems, and truly embedded compliance management into business activities
The application of big data is an important means of digitalization of compliance management, based on compliance rules, through the integration and aggregation of business data, to achieve analysis models in key areas and quantitative monitoring.
The regulatory compliance products released this time involve state-owned assets supervision, finance and taxation, labor and employment, investment management, intellectual property rights and trade secrets, data compliance, In a number of business areas such as procurement and bidding management, the product is based on internal and external laws and regulations data, and matches three lists of various business fields for enterprises in the form of questionnaires, and after the legal language of the three lists is transformed into business language, with the help of big data capabilities, data links are established with various business systems of the enterprise, business voice is transformed into system language, a smart supervision model is established, compliance requirements and prevention and control measures are deeply embedded in each business management process, and a complete online early warning closed-loop disposal mechanism is built.
Specifically for the three lists, the "three lists" generated by the product for the enterprise are based on the way of filling in the questionnaire survey in the positions of various departments, and the questionnaire will involve the collection of department functions, job responsibilities and performance of duties, according to the collected information combined with the internal laws and regulations of the product, the rules and regulations database, and the compliance obligation database data, so as to produce a complete "three lists" for the enterprise in the product.
For "embedded" compliance supervision, our products are mainly implemented in three stages.
The first stage: based on the transformation of the legal language of the three lists into the business language, the combing of the system language, that is, the model model of business supervision rules, is started.
The second stage: to understand the current situation of the internal business system of the enterprise, open up the business links, data sharing and connectivity, this part of the work can be built in stages according to the actual situation of enterprise informatization.
The third stage: statistical analysis in all fields and aspects, which is inseparable from the blessing of big data capabilities.
Taking the contract review as an example, we first start from the perspective of the problem, and the problems brought about by the business can include:
1.There is a problem with the identity verification of the parties to the contract.
2.There are questions about the legality of the content.
a.Review whether the ** in the contract is reasonable, and the quality, quantity, and specifications of the subject matter are inconsistent with the agreement, which cannot ensure the balance of interests of both parties.
b.Legitimacy of the terms: The terms of the contract contain illegal, unfair and unclear content. There are problems such as ambiguity, ambiguity, and unreasonable cost.
c.Unclear liability for breach of contract: The contract does not specify the liability for breach of contract, including the amount of compensation of the breaching party, the liability of the breaching party and other relevant terms, and the legal and compliant agreement is conducive to safeguarding the rights and interests of both parties.
On the basis of the above questions, you can create metrics that need to be monitored in the product: for example.
1.Whether the purpose and scope of the contract are clear.
2.*Whether the payment terms are clear and reasonable.
3.Method and time limit of performance: review whether the performance method and time limit of the contract are reasonable, 4 Dispute resolution method: review whether the clauses on dispute resolution in the contract are reasonable, etc.
The product can also be modeled for contract review, for example.
1. Check the model of the contract subject: It is used to verify the legitimacy, authenticity and relevant qualifications of the contract subject, and ensure that the contract subject has the qualifications and authorization to sign the contract.
2.Review of the content of the contract: It is a detailed review of the terms of the contract, including rights and obligations, transaction conditions, performance methods, liability for breach of contract, dispute resolution methods, etc., to ensure that the content of the contract is legal, complete and clear.
3.Review of legal terms: check whether the legal terms in the contract are accurate and standardized, so as to avoid invalidity or ambiguity of the contract due to improper wording.
Finally, based on the model, we can confirm whether the data source in the corresponding information system can support the implementation of our model.
Look at the violation in terms of similarity**:
In October this year, the State-owned Assets Supervision and Administration Commission (SASAC) issued the "Notice on Regulating the Management of Enterprises and Strictly Prohibiting All Kinds of Falsehoods", which clearly stated the details of the "Ten Prohibitions", and raised the form of post-violation treatment to a new height, including the Ten Prohibitions
It is not allowed to carry out ** business that deviates from the main business.
No form of financing is permitted**.
It is not allowed to carry out business such as idling and taking orders that do not have control over the subject of the transaction.
Combined with the ten inaccuracies, some indicators that need to be monitored can be created in the system, such as:
1.Transaction amount monitoring: If the transaction amount is unusually high or low compared to normal transactions, or if the transaction amount does not conform to business practices, this may indicate falsehood**.
2.Trading frequency: If the trading frequency is unusually high, or the trading time interval is unusually short, this may indicate false**.
5.Shipping method: If the shipping method does not conform to the characteristics of the product or business practices, or if the shipping time is too long or too short, this may indicate a false **.
Then create the corresponding monitoring model, for example:
*The identification model is a model monitoring of the similarity of the name of the subject matter and the purchase and sale object of the same company.
The inefficient business identification model is to judge the actual profit is too low, and the proportion of the amount of the purchase contract and the sales contract between the first generation is judged.
The recognition object of the idling order recognition model can be.
1) What is commonly referred to as the business of "taking orders, taking tickets, and not taking goods".
2) There is a circulation of goods, but there is no commercial reason for the main enterprise to join the transaction, but only to artificially increase the chain and expand the scale of income.