The "hard connectivity" of infrastructure is an important direction for the joint construction of the "the Belt and Road". Central enterprises are an important force in China's participation in international competition and cooperation and high-quality joint construction of the "the Belt and Road". Over the years, they have invested in or participated in the construction of ports, railways, airports and other major infrastructure in the country, effectively unblocking the sea, land and sky arteries, and promoting the circulation of factor resources. As the largest port in Greece, Piraeus Port has become an important achievement of the joint construction of the "the Belt and Road". The picture shows Terminal 3 of the Piraeus Port Container Terminal in Greece. Xinhua News Agency (provided by COSCO Shipping Port Piraeus Terminal Co., Ltd.)
The report of the 20th National Congress of the Communist Party of China for the first time separately discusses and deploys the construction of the rule of law as a special chapter, clearly emphasizing the coordinated promotion of domestic and foreign-related rule of law.
State owned enterprises are an important material and political foundation of socialism with Chinese characteristics, and an important pillar and reliance of the Party's governance and national rejuvenation.
Adhere to and strengthen the comprehensive leadership of the Party, firmly grasp the correct political direction of the foreign-related legal work of state-owned assets and central enterprises. The leadership of the Party is the soul of socialist rule of law with Chinese characteristics. These important statements profoundly clarify that adhering to the leadership of the Party is the fundamental guarantee for promoting comprehensive rule of law, and further clarify the fundamental political principles that must be firmly grasped in strengthening the construction of foreign-related rule of law.
Adhere to serving the high-level opening up to the outside world, and always focus on the central task of foreign-related legal work for state-owned assets and central enterprises. "Promoting the joint construction of the the Belt and Road requires the protection of the rule of law" ④. These important statements profoundly explain the importance and urgency of strengthening the construction of foreign-related rule of law for Chinese enterprises to "go global", and provide scientific guidance for state-owned and central enterprises to carry out high-quality international operations under the rule of law framework and deepen mutually beneficial cooperation with countries around the world.
In the new era, state-owned assets and central enterprises have always regarded improving their ability to work under the rule of law in foreign affairs as an important "soft power" to integrate into international competition and cooperation, and to become world-class. They adhere to promoting project investment and operation on the track of marketization and rule of law, and conducting international exchanges and cooperation. In terms of carrying out international operations, central enterprises adhere to strengthening their foreign-related legal thinking, adhering to compliance bottom lines, strictly following international rules and local legal policies in investment and operation, and have created a group of industry leaders with strong competitiveness in the fields of ships, steel, energy, construction, water transportation, equipment manufacturing, etc. A number of central enterprise products such as high-speed rail and nuclear power have gone abroad, becoming a beautiful national business card. In the joint construction of the "the Belt and Road", the central enterprises fully respect the differences in the development level, legal systems and cultural traditions of various countries, follow the laws of the market, and connect with international rules and standards. By October 2023, there have been more than 5000 investment cooperation projects in more than 140 countries, involving more than $1 trillion. A number of landmark projects have been built, such as the Hungary Serbia Railway, the Mombasa Nairobi Railway, the Brazilian Meili Mountain UHV transmission project, and the Greek port of Piraeus. They have effectively dredged the main arteries of the sea, land, and sky networks, promoted the circulation of factor resources, and created important economic, environmental and social values for the countries to be jointly built. In terms of high-level economic and trade cooperation, central enterprises follow international common rules, actively integrate into the international economic and trade cooperation network, strictly abide by the laws and regulations of export destination countries, and conduct compliance reviews such as export controls throughout the entire process of signing contracts, logistics, and settlement. The import and export business of central enterprises' goods and services has steadily grown. On the new journey, state-owned central enterprises will closely focus on the mission and responsibility of the new era and new journey, adhere to strategic thinking and global vision, creatively play the role of the rule of law in guiding, regulating and guaranteeing international operations, focus on the high-quality co construction of the "the Belt and Road", plan to promote international operations on the rule of law track, strengthen forward-looking research on legal policies, rules and standards of new businesses in new fields around the world, continue to enhance the ability to allocate global resources, and constantly improve international competitiveness.
Adhere to strengthening compliance awareness and continuously improve the legal system for foreign-related legal work in state-owned enterprises across the country.
In the new era, state-owned assets and central enterprises have strengthened their legal thinking and awareness, carefully analyzed the main risk points and sources of foreign-related legal work, continued to strengthen legal construction, made every effort to standardize management, effectively used legal methods to serve and ensure international operations, and firmly held the bottom line of preventing systemic risks. The layout of foreign-related legal work has become more sound. The State owned Assets Supervision and Administration Commission of the State Council adheres to legal supervision, establishes a work system that is organically connected with relevant domestic laws and regulations and the state-owned asset supervision system, and improves the foreign-related legal system. Central enterprises have generally established a rule of law construction committee led by the main responsible comrades, and the system of general legal advisors and chief compliance officers has been comprehensively deepened. More than 80 central enterprise group headquarters and more than 1700 secondary subsidiaries have established chief compliance officers, with over 4000 full-time and part-time staff engaged in foreign-related rule of law. The role of the "three lines of defense" in compliance management, composed of business departments, legal compliance departments, and supervision departments, has been effectively played. Significant achievements have been made in overseas legal and compliance management. Central enterprises have generally established overseas legal risk investigation and disposal mechanisms, achieving a 100% legal review rate for economic contracts, rules and regulations, and major decisions. Effectively promoting compliance requirements into systems, positions, and processes, all central enterprises regard legal compliance review and major risk assessment as necessary pre procedures for major decision-making matters. Many enterprises, in combination with their main responsibilities and businesses, have specially formulated foreign-related legal compliance risk prevention systems, introduced compliance management rules in key foreign-related areas, and carried out targeted compliance reviews in key areas and links such as investment, trade, and operation. The awareness of rules and compliance culture such as "no review, no meeting" and "decision-making first asking the law" are deeply rooted in people's hearts. Effective response to foreign risks in key areas. Establish a sound overseas integrity and compliance risk prevention and control mechanism. Adhere to the rule of law thinking and the rule of law approach to ensure the security of overseas assets. Continuously improving the overseas case management system, adhering to the principle of "promoting management through cases and creating efficiency through management", using legal means to properly resolve major legal disputes, recovering economic losses, blocking management loopholes, and effectively preventing and resolving foreign-related legal risks. Embarking on a new journey, state-owned and central enterprises will actively adapt to the trend of global economic development, regard compliance with the law and not exceeding the red line as the primary prerequisite for international operations, continuously increase investment in foreign-related legal resources, promote the extension of the legal work organization system and general legal advisor system to important overseas subsidiaries and domestic subsidiaries with high degree of internationalization, focus on identifying and warning legal compliance risks in emerging fields, and actively respond to various risks and challenges on the way forward with strong and effective work measures.
Adhere to actively integrating into high standard international economic and trade rules, and grasp the initiative of state-owned assets and central enterprises in foreign-related legal work. We must strengthen our confidence in the rule of law, actively explain the concept, propositions, and successful practices of China's foreign-related rule of law with Chinese characteristics, and tell the story of China's rule of law in the new era. These important statements are based on the common interests of all mankind, scientifically grasping the trend of economic globalization, and clearly proposing to actively participate in the formulation of international rules, which is the fundamental principle to promote the deeper integration of state-owned enterprises into the international stage.
In the new era, the State owned Assets Supervision and Administration Commission of the State Council strengthens strategic thinking and systematic concepts, actively participates in the formulation of international economic and trade rules, and strives to create a favorable policy environment for state-owned enterprises to achieve better development in a higher level of opening-up, contributing to the transformation of the global economic governance system. Participate in negotiations on state-owned enterprise issues with a positive and open attitude. Participate in promoting multilateral cooperation mechanisms such as the World Trade Organization, continue to conduct research on international rules for state-owned enterprises, cooperate in negotiations, defend multilateralism, and safeguard free trade. Connect with high standard international economic and trade rules. Strengthen the effective connection between international rules and domestic laws, and create a market-oriented, legal, and international business environment for the reform and development of state-owned enterprises. Deepen the exchange and cooperation of industry international rules and standards. Several dozen experts from central enterprises hold senior leadership positions in international organizations such as the International Electrotechnical Commission, the International Organization for Standardization, the International Federation of Textile Manufacturers, and the World Coal Association; Actively participating in the formulation of international industry standards and the construction of international intellectual property systems, actively applying for patents overseas. As of the end of 2023, central enterprises have tens of thousands of valid overseas patents. Actively voice China's voice and tell the story of China's rule of law in the new era. Actively speaking out through mainstream media, international organizations and other platform channels, telling the world the story of Chinese state-owned enterprises focusing on local needs, leveraging their strengths, and creating important economic, environmental, and social values for countries around the world; At the same time, establish a positive image to the world that Chinese state-owned enterprises strictly follow international rules and the requirements of the laws and regulations of the host country to promote production and operation. Embarking on a new journey, state-owned assets and central enterprises will follow the historical trend of economic globalization, deepen their research on state-owned enterprise issues such as the reform of the World Trade Organization and relevant regional trade agreements, coordinate negotiations and dialogues on state-owned enterprise issues in various fields with a positive and open attitude, encourage and guide academia and mainstream media to actively speak out to the outside world, and strive to create a favorable environment for promoting high-level opening up and achieving better development of enterprises.
Adhere to making the construction of a high-quality and specialized team for foreign-related legal work a top priority, and strengthen the talent guarantee for foreign-related legal work in state-owned assets and central enterprises. These important statements profoundly elucidate the fundamental and strategic supporting position of foreign-related legal talents in carrying out foreign-related legal work, and further point out the important standards and practical mechanisms for cultivating foreign-related legal talents.
In the new era, state-owned and central enterprises firmly establish the concept of "talent is the first resource", adhere to the principle of the Party managing talents, deeply promote the strategy of strengthening enterprises with talents, make the construction of foreign-related legal talent team a top priority, and strive to build a multi-level and tiered professional team that can compete with legal personnel of international large companies. Strengthen the cultivation and introduction of foreign-related legal talents. Adhere to putting political standards first, firmly grasp the direction of socialist rule of law talent construction, continuously improve and perfect the talent training platform system, and promote the overall business capabilities of foreign-related rule of law talents through various modes such as regular centralized training on foreign-related rule of law, overseas exchange, and on-the-job training. Innovate talent attraction methods, increase talent attraction efforts, encourage outstanding foreign-related legal talents to be recommended across enterprises, and promote talent exchange and sharing among enterprises. Highlight the utilization and utilization of foreign-related legal talents. Implement the training plan and institutional arrangements for foreign-related legal talents, establish a central enterprise foreign-related legal talent pool, with nearly 300 candidates selected in the first batch, and play a leading role in showcasing top talents. By benchmarking against world-class enterprises, we will increase the training and selection of legal professional leaders in enterprises. In key enterprises with a high degree of marketization and internationalization, as well as a high demand for legal services, we will actively promote the entry of qualified professional talents with legal education background or legal professional qualifications into the leadership team. Improve incentive policies for foreign-related legal talents. Support central enterprises in exploring evaluation standards and systems for legal talents based on abilities, achievements, and contribution value, establish and improve incentive and guarantee mechanisms closely related to work performance, fully reflecting talent value, stimulating talent vitality, and safeguarding the legitimate rights and interests of talents, and strengthen the linkage between performance evaluation results and salary distribution, job adjustments, education and training. Embarking on a new journey, state-owned and central enterprises will firmly implement the principles of Party management of cadres and Party management of talents, and always regard talent team construction as a key focus to strengthen the construction of foreign-related rule of law. They will focus on the introduction, selection, use, and management of foreign-related rule of law talents as a whole, highlight practical standards, professional abilities, and political literacy, and enable business backbone to receive ideological refinement, political experience, practical training, and professional training in major foreign-related cases, accelerating the construction of a high-quality and professional foreign-related rule of law work team with both morality and talent.
It is of great responsibility and glorious mission to comprehensively strengthen the work of foreign-related rule of law.
(来源:《民主与法制》周刊)