Commercial Fraud

A Practical Guide: Anti-corruption Compliance in China (Bilingual English-Chinese) (includes FREE one year access of ONLINE version)

By Wu Wei
Wolters Kluwer (HK) (formerly CCH) July 2014

Specifications

ISBN-13
9789881343062
Publisher
Wolters Kluwer (HK) (formerly CCH)
Publication
July 2014
Format
Hardback , 380 pages
Jurisdiction
China ? Countri(es) for reference only

Details

This book is a tailored and practical publication designed to introduce Chinese anti-commercial bribery practice. It is a bilingual product in both Chinese and English.

Under current legal and economic environment in Mainland China, survival or compliance is a difficult decision that most multinational companies have to make. How to establish a sound compliance framework and avoid the risks of commercial bribery is vital to both the management and compliance department.

Based on the current Chinese legislations, this book seeks to indicate the risks for commercial bribery that a company might face when conducting its business activities. It also illustrates the degree of execution for surveillance that the authorities might take.

This book utilizes legal experts’ years of practical experience to analyze in details the types, forms and boundaries of commercial bribery. It also introduces systematically the proper procedure in criminal and administrative investigation, with specific and detailed explanation of the focus, method and purpose of the investigation.

The anti-commercial bribery risks of most of the international companies are summarized as follows:

  • The number of commercial bribery cases is increasing year by year; the Chinese government has strengthened the investigation to enterprises, which resulted in the raising pressure to compliance department.
  • The contradiction between survival and compliance led to the bribery cases of multinational-enterprises more prevailing in China. 
  • Companies are concerning about the compliance of their business operations under the current legal regulatory environment and trying to avoid risks associated with business expansion.


This book can provide practical information and advice regarding the problems above, the contents include:

  • The commentaries of the relevant regulations, laws and rules of anti-commercial bribery;
  • The analysis of the typical commercial bribery scandal: its features, triggers and forms;
  • Third-party management experience; 
  • Case study;
  • The responses companies might take when facing the commercial bribery investigation or charges;
  • The professional advice to establish a sound compliance framework.

About the Author

King & Wood Mallesons, the leading legal service provider in China, has long-formed a team of professional, attorneys and legal advisors with strong background for anti-bribery legal services. It also has been serving a number of Fortune 500 enterprises for professional advice on anti-corruption issue in China. The partners of the team have attended many international anti-corruption conferences, forums and seminars, during which they presented as the guest speakers.

The chief author of the King & Wood Mallesons for this book is Ms, Wu Wei.

Ms. Wu Wei specializes in litigation and arbitration practice. Her main areas of practice include financial disputes, corporate disputes, mineral resources disputes, corporate compliance and corporate crisis management services, and retrial of civil, commercial and administrative cases, etc.

Ms. Wu is proficient in handling comprehensive cases, and skilled in resolving major, difficult and complicated legal disputes on corporate, finance and mineral resources matters. She is particularly experienced in comprehensive cases such as crisis management. She has provided crisis management services for various large state-owned enterprises, and delivered effective litigation services on mineral resources disputes for large enterprises. She has represented various renowned domestic and foreign enterprises in protecting clients' legal rights and interests through retrial procedures.

Ms. Wu has acted in various cases where the corporate bodies are suspected of crimes and where both civil law and criminal law are involved. She has rich experience in handling commercial bribery cases and in-depth knowledge in corporate compliance activities. She has provided legal compliance services for many multinational and reputable domestic enterprises. She has also been invited as a VIP speaker to some communication activities in relation to legal services on countering commercial bribery for several times.
Work Experience

Ms. Wu worked in one of the top national legal departments for over ten years. She handled large amounts of duty crime cases when she was working at the Anti-Corruption and Bribery agency, and she also dealt with a large number of civil and commercial appeal cases while working in the office that was related to civil and administrative procurators, and raised counter appeals before the Supreme People's Court pursuant to laws with respect to some of the cases where there are actual mistakes and caused the original sentences to be changed.

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