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August . 2009 |
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Advices on Some Questions about Judging Dispute Cases in Civil and Commercial Contracts under Current Situation published by the Supreme People’s Court of P. R. China on July 13, 2009 indicates that the supreme people’s court should reasonably adjust the amount of breach penalty and fairly resolve the problem of breaching responsibility if the stipulated penalty for breach of contract is excessively higher than the loss caused by breach or it has an extreme nature of punishment. |
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Professional
Standards for Security Guards, co-constituted by Tianjin Public Security
Bureau and Tianjin Quality and Technology Supervision Bureau, has been
formerly announced and will take effect on Aug. 1, 2009. 50 thousands
security guards in |
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To further strengthen team management of province-wide procuratorial organization, Gansu Procuratorate took the lead in establishing a method called “Management Method for the Abnormal Behavior of Prosecuting Personnel”, which lists 20 or so abnormal behavior in prosecuting personnel’s work, life, mentality, people reception and behavior during interaction in order to implement supervision education and avoid the occurrence of rules violation problems and accidents. |
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Academic
Exchange
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Basic
Design Philosophy of Risk Management System
A. Comprehensive Legal Principle
This
principle is a basic one that needs to be primarily followed in designing
risk management system. It means company’s risk management system
including institution, program, tools and methods must be in accordance
with the requirements of laws and regulation, industry criterion and
relevant supervision departments. Any behavior that violates this
principle will result in legal risk.
Risk
management should be implemented and carried out in each level and process
of a company. Each level means all staff including decision-makes and
management have to comply with the principle and institution of risk
management system. No one can be set free from the system. Each process
means every procedure like business decision, business execution, business
supervision and business back feed must be covered in the system to
achieve the risk management target.
B: Authorization and Containment Principle 1.
Authorization principle: Company should base on its job types and ability
of employees to proportionally assign its job tasks, responsibility and
right, to regulate operation criterion and disposal procedures and to
confirm discipline and examination standards, which could join position,
responsibility, right and benefit together to achieve everything get
managed, everyone get specific duty and a standard when dealing with
things, jobs get examined to measure award or punishment, as well as to
increase every employee’s dedication and responsibility sense, which can
improve their job performance and efficiency.
2.
Containment Principle: An integrated business activity must be managed by
two or more people with positions that contain each other. It includes two
aspects:
Horizontal
aspect: The business activity must be dealt with by at least two
independent departments or people. Each department and people can be
examined and restrained by the other.
Vertical
aspect: The business activity must pass through at least two different
positions and procedures that were not subordinated to each other, which
can make junior supervised by senior and senior restrained by junior.
Responsibilities
that need to be separated in practice operation include authorization,
execution, record, safekeeping and verification.
C: Coordination and Cooperation Principle In
business activities, departments and people must cooperate with one
another, each position and procedure must be in synchronization and each
program and handling process needs to be connected closely, which can
avoid the situation of wrangle and disjoint and can reduce conflict and
internal friction as well as guarantee business activities’ continuity
and validity.
D: Cost Effectiveness Principle Risk management system’s operation asks for the biggest effect at the least expense of cost. Proportion of cost that consumes in risk management operation and economic benefit should be maintained properly. Any cost that is produced from risk management measures like institution implementation, program operation and tools use could not exceed the benefit it gets, otherwise, these measures should be abandoned. The cost only can be used at the key control points with larger usefulness and extended influence area. Key control points with limited usefulness and influence area should be strictly controlled in human and material resources plunge.
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Foreign
Information |
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Brief
Introduction on Germany Personal Credit System
Germany
personal consumer credit has account for more than 30% of total bank
loan. More than 50% German apply for loan to buy cars and houses. Using
credit card to conduct purchase is even more common. All of these are
dependent on the personal credit system that has been established in Germany. Individuals can consume, invest and manage based on the payment
ability that is obtained by sweeping credit card.
1.German
Social Security Number
Personal
credit records a series of valid data, reality and behavior, which
indicates good credit file can be used as one person’s second identity
card. People own an identity card number that accompanies them all the
life. Using this cannot-be-forged number, everyone can own a copy of
credit report that is made out by due diligence company. Banks,
companies or business partners can get people’s credit report by
payment. People with derogatory civil litigation record or even criminal
litigation records like fraud, fictitious bill, arrears and bankruptcy
would get more trouble than innocent people when applying for loan,
taking out insurance policies and finding job. They may pay more
interest or premium. For example, if you come across a car accident with
the main reason by yourself, the insurance company will increase your
premium rate in future.
2.
The Criterion of Personal Credit System on Social Behavior
People’s
behavior is not only supervised in credit consumption but also at
everywhere in daily life. Take the ticket buying example, there is no
fixed booking clerk in Germany’s all public transportation vehicles and office attendants just
conduct an irregular selective examination. But you will find that few
people escape from buying tickets. Reason is simple, if people didn’t
buy a ticket and was captured, his behavior will be written in his
credit report as a lifetime stain. Therefore, citizens in Germany
pay more attention on fostering their credit. In such a society, it was
not people unwilling to play fast and loose, but they are restrained by
social institution and have to be honest.
Source:
http://www.nciic.com.cn/xingyong-2.htm
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