智能时代企业从形式合规到实质合规的革命与未来（上篇）

Core Viewpoint - The article emphasizes the necessity for companies to transition from "formal compliance" to "substantive compliance" in response to increasing global trade regulations and compliance challenges, highlighting that effective risk management and compliance are essential for sustainable business growth [2][9][12]. Group 1: Compliance Framework - The basic framework for risk control and compliance includes identifying, assessing, and mitigating risks while ensuring adherence to laws, regulations, and industry standards [2]. - Effective risk control reduces uncertainty and lowers incident handling costs, while compliance avoids legal sanctions and enhances market trust [2][3]. - The current challenge in compliance management lies in the disconnect between institutional design and practical implementation, leading to a fragmented approach to risk, internal control, and compliance systems [2][3]. Group 2: Regulatory Developments - Recent policies from the State-owned Assets Supervision and Administration Commission (SASAC) and other regulatory bodies emphasize the need for a comprehensive internal control system and compliance management framework for state-owned enterprises [3][8]. - The introduction of the "Guidelines for the Supervision of Listed Companies" aims to provide clearer regulations for bankruptcy restructuring, addressing issues like debt evasion and interest transfer [7][8]. Group 3: Shift to Substantive Compliance - The shift from formal compliance to substantive compliance is driven by the need to meet international standards and avoid trade friction and sanctions [9][10]. - Substantive compliance emphasizes a dynamic risk governance system that integrates legal, technical, and business aspects, particularly in data asset management [11][12]. - Companies are encouraged to adopt a proactive approach to compliance, transforming it from a cost burden into a competitive advantage [10][12]. Group 4: Industry-Specific Strategies - State-owned enterprises are required to integrate compliance management deeply into their business operations, particularly in investment and mergers [8]. - Foreign enterprises must adapt to local compliance frameworks, focusing on data governance and anti-monopoly measures to ensure operational compliance [8][9]. - Non-profit organizations are also urged to establish transparent funding mechanisms to prevent fraudulent activities [8].