ComplianceinChina.com
conducted surveys on Chinese corporate compliance management for three
consecutive years. Under the auspices of ComplianceinChina.com, one of the
largest and earliest compliance platforms in China, The Compliance Reviews
(www.compliance.reviews or www.compliancereviews.cn) is an English electronic
journal aiming to enhance compliance and risk management in Asia and beyond.
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Predictive
Coding (AKA: algorithm assisted "text categorization") refers to the
use of a software program to identify documents that are relevant or responsive
to a particular case or issue, based on a review of test documents (or a
population of "seed sets", "validation sets" and
"training sets") by lawyers and subject matter experts. The computer
assisted methodology involves a machine learning process and a combination of
different algorithmic tools.
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International investors and businessmen often discover that fraud is not uncommon among their counterparts in China. There exists the perception among some foreign firms that the alleged fraud must be reported to the police in order to successfully resolve contractual fraud disputes. However, this is not always the ideal method and in fact may be detrimental to successful dispute resolution......
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In two corruption cases a decade apart, two governmental officials from the China Food and Drug Administration were heavily punished for taking bribes and endangering the lives of many Chinese Citizens. Not only were they punished, so were their family members. Chinese Criminal Law provides that bribes taken by the family members of an official would be attributed to the amount of bribes taken by the official himself.
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This issue neatly summarises a significant problem faced by many organisations. Despite the best efforts of an organisation’s leadership, the message can become lost on its way to front line staff. That is why the focus for a robust compliance culture should not only be on the tone from the top, but also the tone from the middle.
Specifically, it should be the role of middle management to; identify and communicate the compliance risks that arise in their areas of responsibility within the business; to encourage their staff to raise compliance concerns to the management team......
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In China bribes are often offered and accepted for the sale and procurement of medical devices and pharmaceuticals. Doctors or managers of hospitals and clinics who accept bribes to buy, use, or recommend the Healthcare Products have been known to prescribe or even over-prescribe procedures that warrant use of such products. As a result, products supported by bribery sell more quickly and at a higher price than products for which lower or no bribes are paid.
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In January 2010, 15 of the 16 Liuzhou factories
entered into a collusion agreement with Xian Yi Ge Food Factory to raise the
price of rice powder, and Xian Yi Ge adopted carrot-and-stick measures to make
sure the agreement would be executed. As a result of the agreement,
the colluding rice powder factories issued notice of a 25 percent-plus price
increase to downstream business operators, including rice powder wholesalers,
retailers, rice powder food peddlers and stores.
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Trade or
industry associations bring substantial benefits to their members and enhance
competition in the economic sectors they represent. However, member activities can also create
major antitrust risks that are subject to aggressive enforcement and penalties
under China’s Antimonopoly Law (AML).
This article shows how associations and their members can manage these
risks through a compliance program that defines acceptable and prohibited
activities.
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