ICE8000 State Organs Corporate Governance Standard

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ICE8000 international credit standard system 
of state organs corporate governance standards

(Version: ICE8000-115-20120308-20140925-3) 
(This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution

Chapter I General Provisions

1.1 In order to help state organs improve the level of corporate governance, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization [WCO] has established this standard in accordance with internationally accepted legal principles and international practices.

1.2 The main legal basis for the development, application and implementation of this standard is as follows:

(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization [WCO] in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization [WCO].

1.4 The term "state organs" as used in these Standards refers to all types of units that have legislative, administrative, and judicial functions in a country or region.

The term "legal person" as used in this standard refers to an organization that has the status of a legal person and is independently responsible for the outside, rather than a legal representative or actual controller.

The legal organs of state organs referred to in this standard refer to various state organs with legal personality.

The term "unincorporated persons" as used in this standard refers to various types of state organs that do not have legal personality, such as the internal departments of state organs.

This standard refers to the corporate governance of state organs, which can have the following three understandings:

(1) Governance of state organs refers to the leadership and internal departments of state organs, which exercise the rights of legal persons and assume corresponding responsibilities and obligations in accordance with the provisions of laws or internal documents.

(2) The narrow sense of state government governance refers to how state organs handle the relationship between leaders and internal departments.

(3) The general state organ governance refers to how the state organs deal with the relationship between the leaders and the internal departments, and the relationship between the state organs and stakeholders (such as the public, the supervised objects, etc.).

1.5 This standard may be applied voluntarily to the governance of legal persons of various types of state organs. The administration of unincorporated persons in state organs may voluntarily refer to the application of this standard.

The state organs that voluntarily apply this standard may clearly indicate in their documents that the national authority applies the “Corporate Governance Standards for State Organs of the ICE8000 International Credit Standard System”.

1.6 The corporate governance of state organs follows the principles of integrity, openness, fairness and justice.

1.7 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

1.8 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization [WCO]. Terms and conditions.

Chapter II Requirements for Corporate Governance Structure of State Organs

2.1 The corporate governance structure referred to in this standard refers to the organizational structure of legal persons, that is, the relationship between the leadership of the state organs and the internal departments. The corporate governance structure is generally determined by laws and relevant documents. The corporate governance structure also belongs to the institutional category and is the most fundamental system of a state organ.

2.2 The corporate governance structure of state organs should generally consist of the following four parts:

(1) The duties and duties of the full-time leader, resignation, and dismissal.

(2) The duties and duties of deputy leaders, resignation, and dismissal procedures.

(3) The duties and establishment and cancellation procedures of the internal departments.

(4) The duties and duties of the head of the department and the procedures for resignation, resignation, and dismissal.

2.3 The establishment and operation of the corporate governance structure of state organs should follow the following principles:

(1) Clear principles of duties

The various components of the corporate governance structure of state organs should have a clear division of labor. On this basis, they should perform their duties and responsibilities, avoid confusion caused by unclear duties and unclear division of labor, and affect the exercise or overall function of normal duties of various parts. Play.

(2) Effective checks and balances

There is a need to effectively achieve checks and balances between the various parts of the corporate governance structure of state organs, including checks and balances between different levels of institutions, and checks and balances between different stakeholders. Avoid excessive concentration of power, resulting in corruption and alienation.

(3) Principle of coordinated operation

There is a need for effective checks and balances between the various components of the corporate governance structure of state organs, but for the outside, coordination and cooperation are needed. The legitimate rights and interests of external stakeholders cannot be affected by internal contradictions.

(4) Information sharing principle

The various parts of the corporate governance structure of state organs should disclose information and share information with each other. The sharing of information can not only resolve suspicions and contradictions, but also be one of the prerequisites for making correct decisions.

(5) Principles of information disclosure

All parts of the corporate governance structure of state organs should disclose information to the public as much as possible.

2.4 The following phenomena generally mean that there is a risk of the lack of corporate governance structure in state organs, so state organs should pay full attention to and improve the corporate governance structure of state organs in a timely manner:

(1) Unclear duties such as leadership and internal departments;

(2) Offside or lack of duties;

(3) Multiple malignant events occur.

Chapter III Requirements for the Corporate Governance System of State Organs

3.1 The corporate governance system of state organs refers to the various systems that operate and improve the corporate governance structure.

3.2 To establish a corporate governance system, generally the following requirements should be met or noted:

(1) Middle and high-level personnel of state organs should learn and apply the "ICE8000 International Credit Standards System Conference Standards" to ensure the quality of the conference.

(2) Staff of state organs should regularly study the law and relevant documents to accurately understand their boundaries of powers and responsibilities and methods of exercise.

(3) State organs should guarantee the disclosure of information and listen to the opinions of the society.

Chapter IV Liability for breach of contract and method of investigation

4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

4.2 Method of investigation of breach of contract liability:

(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

(4) If the defaulter has the membership of the World Credit Organization [WCO], the parties also have the right to make a complaint in accordance with the World Credit Organization [WCO] Member Supervision Standards;

(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

4.3 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

4.4 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

4.5 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

4.6 The World Credit Organization [WCO] shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization [WCO] for the next year. If the economic compensation is relatively large, compensation shall be made in each year.

After accepting economic compensation, the World Credit Organization [WCO] has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

Chapter V Supplementary Provisions

5.1 This standard shall be implemented as of the date of promulgation.

5.2 The terminology involved in this standard, if its meaning is not agreed in this standard, its meaning is described in the ICE8000 International Credit Standard System International Credit Industry Terminology.

5.3 All relevant parties submit various types of materials submitted to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.

5.4 If the relevant parties know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization [WCO] and other parties shall not be responsible for this.

5.5 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/115.html .

5.6 The copyright of this standard belongs to the World Credit Organization [WCO], members can use it for free and unlimited use; non-members can use it free of charge for study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

5.7 The standard version number is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard is one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.

5.8 This standard is interpreted by the World Credit Organization [WCO].