中美企业内控监管规范的差异性分析——以总体国家安全观为视角

    Analysis into Difference between Codes for Internal Control, Surveillance and Administration of Chinese and American Enterprises——from the Perspective of Overall National Security Concept

    • 摘要: 从企业内、外部监管机制、企业会计责任制度以及处罚力度方面对中美企业内控监管规范进行比较分析,指出中国应当规范企业监管主体职责,明确监管对象主体责任;规范细化中国的会计责任制度,使规定更为具体,更具有可操作性;完善中国信息披露制度,增加重大情况披露、以及披露信息的实时性规定,使之精细化;强化中国行政指导和法律责任方面的执法力度。

       

      Abstract: The Cybersecurity Law has been formally implemented as of June 1st, 2017, which provides a number of requirements on cyber operators' obligations to safeguard security. In-plant risk control becomes an important approach and effective way of implementing applicable provisions of the Cybersecurity Law. The "Wannacry" blackmail virus that broke out recently further exposes neglected and insufficient internal cybersecurity risk control among Chinese practices, which becomes a reality that must be faced squarely. This paper compared and analyzed codes for internal control, surveillance and administration of Chinese and American enterprises in terms of internal and external surveillance systems, accounting liability systems and degree of penalization in enterprises and points out the necessities to normalize duties of corporate supervisors and administrators and define liabilities of both subjects and objects of surveillance and administration in China; and to normalize and detail China's accounting liability system to make regulations more specific and operable; and to refine China's information disclosure system and provide more regulations on disclosure of major information and real-time of such disclosure to make them more delicate; and to enhance China's law enforcement efforts in terms of administrative direction and legal responsibilities.

       

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