Compliance risk control strategies of overseas investment for Chinese enterprises under the background of the Belt and Road(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2017年04期
- Page:
- 79-85
- Research Field:
- 经济管理
- Publishing date:
Info
- Title:
- Compliance risk control strategies of overseas investment for Chinese enterprises under the background of the Belt and Road
- Author(s):
- BAI Yan
- School of Law, Northwest of Political Science and Law, Xian 710063, Shaanxi, China
- Keywords:
- the Belt and Road; compliance risk; monitoring mechanism; litigation team; decision makers
- PACS:
- D996;F272
- DOI:
- -
- Abstract:
- Under the background of the Belt and Road, Chinese enterprises suffered from huge compliance risks such as lower reputation and economic losses because they didn’t conform to laws, regulations and policies of the host country, and subjected to the administrative and judicial penalties imposed by the host government, when they moved into the international market. The strategies of controlling compliance risk from the theoretical and practical point of view were put forward in this paper. The research shows that according to the relevant laws, regulations and industry rules of the country or region, enterprises should establish corresponding monitoring system, evaluation system, behavioral compliance monitoring system and structural compliance monitoring system to ensure that business activities conform to the relevant laws and regulations, and take preventive measures; enterprises should pay attention to the laws of the host country, respect for procedures, establish horizontal realtime monitoring mechanism for facing competitors in the same industry and longitudinal realtime monitoring mechanism for upstream and downstream enterprises, and set up a lawsuit team to understand the laws, regulations and procedure of the host country. The effective protection of the legitimate rights and interests of the self shall be made by means of appeals or complaints to administrative authorities, prosecution to judicial authorities and other proactive approaches; when enterprises inevitably face crisis or contradictions, positive coping strategies should be adopted. In the initial stage of contradictions which have not been made public, they should be resolved actively. After contradictions becoming public, they should actively cooperate with the investigations and participate in the litigation to maximize the rights and interests. When facing a competitor’s blows or reports, it should actively communicate with competent authorities and then positively respond, so as to strive to get the collective or individual immunity.
Last Update: 2017-10-20