In 1987, the
World Commission on Environment and Development (WCED) published the report “Our
Common Future”, which defined sustainable development as “development that met the
needs of the present without compromising the ability of future generations to
meet their own needs.” In June 1992, the United Nations Conference on
Environment and Development, held in in Rio de Janeiro, passed “Rio Declaration
on Environment and Development”, “Agenda 21” and other documents centered on
sustainable development. Subsequently, the Chinese government published “White
Paper on China’s Population, Environment and Development in the 21st Century”,
which for the first time incorporated the strategy of sustainable development
into the country's long-term planning for economic and social development.
Today, sustainable development, as one of China's basic national policies and
as a development concept that has taken root in the hearts of people worldwide,
plays an important leading role in all walks of life.
In order to
explore the relationship between sustainable development and corporate legal
affairs, and to explore a good path for corporate legal affairs to contribute
to the sustainable development of enterprises, the Fifth China Japan Corporate
Legal Forum, co-organized by Center for Japanese Studies, Shanghai Jiao Tong
University (“the Center”) and the Association of Corporate Legal
Departments, and co-hosted by KoGuan School of Law, Shanghai Jiao Tong
University, Corporate Legal affairs Research Center of KoGuan School of Law,
Shanghai Jiao Tong University, Corporate Legal Affairs Research Association of
Shanghai Law Society, Synior Corporate Counsel Institute, Japan Institute of
Business Law, and International Civil and Commercial Law Centre Foundation, was
held on the afternoon of November 18th at Shanghai Jiao Tong University. With
the theme of “Sustainable Development and Corporate Legal affairs”, this forum
attracted a number of senior scholars and practical experts from relevant
fields such as the government, Chinese and Japanese universities, research
institutes, and enterprises to explore topics such as sustainable development
and corporate legal affairs, science and technology and corporate legal
affairs, and ESG and corporate legal affairs. Ji Weidong, University Professor
of Humanity and Social Sciences and Director of the Center, Yoichiro Mizuishi,
Director of Association of Corporate Legal Departments, Peng Chengxin,
Distinguished Professor and Dean of KoGuan School of Law, Shanghai Jiao Tong
University, Yang Qin, Vice President and General Counsel of Ctrip Group and
Vice Chairman of Internet Society of Shanghai attended the forum and delivered
speeches. Yang Li, Professor of KoGuan School of Law, Shanghai Jiao Tong
University and Executive Vice President of China Institute for Smart Court, Guo
Junxiu, General Counsel and Chief Compliance Officer of China Eastern Airlines
Corporation Limited, He Yanping , Vice President and General Counsel of
Shiseido China, Qin Sheng, legal responsible person of Mitsui Sumitomo
Insurance (China) Co., Ltd, Lu Yuping
, Executive Deputy Director of the Foreign Enterprise Professional Committee of
Shanghai Corporate Counsel Association and former Legal Director of TOTO
(China) Co., Ltd. jointly hosted the forum.
In his speech,
Ji Weidong stated that sustainable development was a global consensus, and both
China and Japan were committed to achieving it. Enterprises are the main
drivers of sustainable development, and technological innovation is the
decisive factor for their success or failure. Legal innovation is the safeguard
of technological innovation, making corporate legal affairs a crucial force in
ensuring compliance and driving sustainable development. KoGuan School of Law
and Center for Japanese Studies, Shanghai Jiao Tong University place great
importance on the cultivation of corporate legal talents, and have long been
committed to promoting exchanges and practices in Sino-Japanese corporate legal
affairs. They have integrated the Japan Business Federation's corporate series
lectures and the Tokyo Corporate Legal Internship Base into a systematic and
institutionalized legal education program. We also welcome continued attention
to the 6th China-Japan Corporate Legal Forum to be held in Tokyo next year. The
forum covers a wide range of areas, from natural ecology to digital coverage,
from technological innovation empowerment to corporate social responsibility.
It aims to contribute to the sustainability of peace and economic development
in the Asia-Pacific region and to enhance the sustainability of legal exchanges
between China and Japan.
Yoichiro Mizuishi
expressed his gratitude to the organizers, sponsors, and all the speakers at
the forum, and extended a warm welcome to everyone present. The Association of
Corporate Legal Departments(“the Association”) is a non-profit organization
dedicated to promoting the sound development of corporate operations. Established
in 1971, it has over 1,400 corporate members to date. The Association releases
more than 100 seminars annually to its member companies, organizes themed
research meetings aimed at solving the actual problems of member companies, and
has compiled a guide manual “First Contact with Chinese Legal Affairs Q&A” ,
providing professional support for Japanese companies' personnel who are
responsible for Chinese legal affairs for the first time. In addition, the Association
actively engages in external exchanges with governments, universities, courts,
and lawyers, striving to improve and develop the domestic legal system, while
also promoting cooperation among overseas corporate legal professionals. Since
the Association co-founded the China Japan Corporate Legal Forum with the Center
in 2018, the forum had achieved a series of significant outcomes. This year,
with the theme of sustainable development, technology, ESG, and corporate legal
affairs, we have created a valuable opportunity to discuss the measures
implemented by companies in both China and Japan and to understand the most
cutting-edge information. He looked forward to everyone's enthusiastic
discussion and exchange.
Focus: Sustainability and Corporate Legal affairs
Cao Xiaobing , Vice President of Terminus Technology Group and Secretary-General of the Green Intelligent New Economy Industry Alliance (GINEA), delivered a speech on the collaborative development and innovative services of technology ethics and corporate legal affairs. He stated that technology was an important force to promote social progress and human civilization, and an important driving force for the achievement of the Sustainable Development Goals (SDGs), but it also brought a series of ethical, legal, social, economic and environmental issues, such as legal risks, compliance requirements, intellectual property protection, data privacy protection, consumer rights protection and other fields based on emerging technologies such as artificial intelligence, big data, blockchain and cloud computing. These issues not only involved the rights and responsibilities of scientific and technological innovators and users, but also affected social fairness and justice, and even affected the future and destiny of mankind. He proposed that we should establish and improve the rules and regulations and coordination mechanisms of science and technology ethics and corporate legal affairs, starting from four aspects: strengthening the education and training of science and technology ethics, improving the evaluation and supervision of science and technology ethics, innovating the legal system of science and technology ethics, and strengthening international cooperation in science and technology ethics, so as to ensure the legitimacy and rationality of science and technology innovation, promote the harmonious development of science and technology and society, and realize the sustainable development of science and technology and innovation services.
Takehisa Sasaki,
Senior Manager of the Legal Department of Nissha Corporation, gave a lecture on
sustainability and corporate legal affairs. He said that at present, the
globalization of the supply chain in corporate activities was driving the rapid
globalization of the entire business. In the future, in order to increase their
corporate value, companies can’t rely solely on expanding business and
increasing sales. They also need to strengthen corporate governance and
establish a system that can achieve sustainable growth, which is also the
expectation of global investors. In addition, as a member of society, companies
need to engage in dialogue with various stakeholders, respect human rights,
protect the global environment, and establish systems and procedures that can
sustain social functions in various corporate activities for a long time, with
sustainability as the keyword. Takehisa Sasaki's views have aroused wide
resonance among the experts and scholars present.
At the meeting, Zhang Jie, General Counsel of CMOC Group Limited, Liu Qiang, Director and Senior Director of the Legal Compliance Management Center of Panasonic (China) Co., Ltd., Huang Xiaohui, Vice President and Chief Technology Officer of Zhiwei Xingyi (Shanghai) Intelligent Technology Co., Ltd, attended the discussion. The experts had a lively discussion and exchange.
Zhang Jie stated that as one of the
representatives of China's non-ferrous metals industry, CMOC actively responded to
the fundamental national policies of sustainable development and the Belt and
Road Initiative, adhered to the path of internationalization, integrated
several key domestic projects to balance internal and external circulation. It
had rich experience in overseas mergers and acquisitions and showed the characteristics
of high integration of industry and financial capital, the prominence of foreign-related legal affairs, and the close combination of corporate
legal affairs with the sustainable development of the company's main business.
Liu Qiang stated that Panasonic Group was
striving towards internationalization and global sustainable development. Not
only has the company set its own targets for energy consevation and emission
reduction in its factories, but it has also made investments in green energy
products a key part of its corporate strategy. Against this backdrop, corporate
legal affairs professionals need to understand not only law, but also politics,
policies, and the changes in the international environment to meet the
increasingly high demands of the external environment.
Huang Xiaohui stated that over the past three
years, Zhiwei Xingyi had achieved remarkable results in serving the digital
transformation business of major domestic enterprises and was currently
actively exploring the Japanese market. From the perspective of sustainable
development, the company not only focused on product research and development
and corporate growth but also provided comprehensive support for talents in
terms of compensation and benefits, healthy work, and project training, thereby
providing a continuous source of motivation for technological product innovation.
Explore:
Technology and Corporate Legal affairs
Wang Weijun, Secretary-General
of Shanghai International Economic and Trade Arbitration Commission, delivered
a keynote speech titled “New Landscape of International Business: Digitalization
and Arbitration.” She believed that adapting to the needs of dispute resolution
in the development of the digital economy was a new driving force for the
development of international arbitration. Against the backdrop of building Shanghai
as the “International Digital City,” Shanghai International Arbitration Center
has accepted a considerable number of arbitration cases involving the digital
industry, including cross-border e-commerce disputes, online live broadcasting
platform disputes, fintech disputes, e-sports disputes, and virtual currency
disputes,etc. The handling of these disputes involved a series of new legal
issues such as transactions characterization, the recognition of electronic
evidence, and the assessment of property damages, which put forward new demands
for arbitration services. At the same time, Wang Weijun stated that arbitration
institutions had already adopted technology empowerment and proposed many new
measures to resolve disputes in the digital economy. She introduced Shanghai
International Arbitration Center's active exploration of using modern
information technology to build a comprehensive online arbitration system and
the “digital intelligence transformation” of arbitration, including the release
of new arbitration rules and online arbitration guidelines advocating the
integrated development of “digital arbitration,” “smart arbitration,” and
“green arbitration,” the launch of a “digital intelligence platform” for
full-process online arbitration, and the establishment of a data arbitration
center as a pioneer. By taking the initiative and participating in the city's
digital transformation, Shanghai International Arbitration Center strived to
provide high-quality arbitration legal services for various “new forces” in the
digital economy.
Tomohiro
Okumura, from LegalOn Technologies, Inc gave a lecture on corporate legal
affairs and technology. He pointed out that since OpenAI launched ChatGPT in
November last year, the wave of technology had swept all walks of life, and
artificial intelligence and advanced computer technology have become the focus
of people's daily attention, as well as in the field of law and corporate legal
affairs. At present, various technologies called “legal tech” were being applied
in the field of corporate law in Japan. Tomohiro Okumura gave an overview of
the development of technology in the field of corporate law in Japan, briefly
introduced various technologies used in corporate legal practice, and clarified
the important proposition of how technology affected practice. On this basis,
Tomohiro Okumura further gave an outlook for the future of legal technology in
Japan, and discussed how technology would contribute to corporate law in Japan
in the future. Tomohiro Okumura's introduction of Japanese legal technology was
a great inspiration to the Chinese participants.
Takahisa Sato,
General Manager of Legal Department of Nitto Denko (China) Investment Co., Ltd.,
Chen Qingdong, Deputy Director and Partner of King & Wood Mallesons
Shanghai Office, and Shinichiro Yamada, research fellow of the Center,
participated in the discussion and gave an in-depth interpretation and analysis
of related issues.
Takahisa Sato
stated that technology enhanced the efficiency of corporate work. On one hand,
it provided an opportunity to transform traditional and labor-intensive and
tedious legal tasks, such as background checks. On the other hand, it also
encouraged legal professionals to play a greater role in enterprise risk
management and operational decision-making. However, the development of
technology cannot be separated from the ultimate decision of people. Legal professionals
should still use technology to assist their development on the basis of
learning legal knowledge and refining their professional abilities.
Shinichiro Yamada stated that applying science
and technology to legal work requiresd attention to the proper management of
personal information, clarification of the scope of use, and the
responsibilities of the users. Additionally, during the digitization process,
it was crucial to pay special attention to security issues, as they would have
a significant impact on the secure storage of important data, stable operation of
systems, and the establishment of customer trust.
Chen Qingdong believed that technological
advancements had brought progress to legal work such as contract review and
electronic countersignature, enhancing efficiency. However, it was still questionable
whether machines can truly clarify facts. Moreover, when it came to searching for
Chinese regulations, databases struggled to ensure integrity, timeliness, and
accuracy. Therefore, at this stage, we cannot expect AI to replace high-tech
legal work, human decision-making was still essential. At the same time, we
must be vigilant if AI synthesized data completely replaces real data in the
future, legal interpretation and reasoning processes will be controlled by
pre-set algorithms. This will inevitably limit the scope of discussion between
parties or between the prosecution and defense, adversely affecting the
exercise of discretion by judges and arbitrators.
Reflections:
ESG and Corporate Legal affairs
Xu Yuncheng,
Executive Deputy Director of the Big Data Center of Shanghai Services
Federation, delivered a keynote speech on “A New Model of Corporate Sustainable
Governance”. She said that in the era of digital economy, data had become the
new core factor of production, and AI was regarded as a transformative
production tool, and the combination of the two would open up a new future of
digital intelligence. At the same time, with the rapid development of Data+AI,
we are facing three major development issues, namely business and ethics,
domestic and international, and present and future. Under the goal of
sustainable development, technology companies need to work with all parties in
the digital ecosystem to establish a digital trust and collaboration system.
Regarding the implementation path, she proposed that enterprises should build a
new model of “embedded” sustainable governance model, which embedded
sustainable development governance into all core functions within the
enterprise in daily operations and created a governance framework covering
business decision-making, management processes and operating mechanisms.
Haruyuki
Konno, General Manager of AGC (China) Holdings Inc. Shanghai Branch, introduced
the “AGC Group Management”. He began by introducing the AGC Group, which
operates businesses such as architectural glass, automotive glass, electronic
components, chemicals, and life sciences. Founded 116 years ago, the company was
a long-established business, but it continued t evolve with the changing times.
He introduced the AGC Group's overview and characteristics and its business
development in China to the experts and scholars present, and then explained
the state of corporate governance in Japan and China according to the three
lines of defense model. Haruyuki Konno's presentation of AGC's corporate
governance experience provided a valuable opportunity for learning and research
for a wide range of participants.
Chen Hong,
Director of Legal and Compliance Department of Sinopharm Group, Zhou Min,
General Counsel of Mizuho Bank (China), Ltd. and Zhu Qiaochu, Assistant Research
of the Centre, participated in the discussion and exchanged views on topics of ESG
and corporate legal affairs.
Chen Hong shared the
business content of Sinopharm Group
and its role in the channel chain. He pointed out that Sinopharm Group
not only faced major pharmaceutical manufacturers
upstream in the supply chain but also dealt with hospitals and doctors, and
maintained close connection with the end-users, pharmaceutical patients.
Therefore, transforming data into data assets is crucial for improving work
efficiency, saving costs, and better ensuring the medical needs of the public.
Zhou Min expressed the hope that high technology
could provide better support for corporate legal affairs in the future. In
terms of regulation, the People's Bank of China promoted banks to take
proactive actions in ESG through green finance evaluation. Banks were also
actively launching ESG-related products. In terms of corporate governance, a
sustainable development committee shouble be established. Banks modified
loan credit-related contracts to promote ESG products or sustainable development.
Zhu Qiaochu based on
her professional background in corporate governance and legal studies in East
Asian, analyzed the transformations and connotations of ESG development to
date. She pointed out that for data practitioners, focusing on privacy
protection and AI technology ethics was the most critical ESG responsibility
for data-related companies. The developmental characteristics of the
information technology industry determined that continuously improving
compliance-centric endogenous self-regulation was the best way for related
enterprises to fulfill social responsibilities and avoid ESG risks. At the same
time, she also noted that the stakeholder culture in Japanese corporate
governance and the experience of integrating German and American corporate
governance reform were worth further attention and reflection from Chinese
enterprises and researchers.
Yang Qin in his closing
remarks stated that this forum provided a valuable communication platform for
experts, scholars, and corporate managers from both China and Japan. He
emphasized the necessity of frequent exchanges between Chinese and Japanese
corporate legal affairs in the context of globalization, where mutual
communication and understanding were needed, as well as sharing of information
and resources. Corporate legal was not only builders of the corporate legal
compliance system but also gradually emerging as new roles of corporate
strategy participants and promoters. Corporate legal needed to continuously
enhance their business understanding and macro-control capabilities, and
participate more proactively in corporate decision-making consulting, in order
to make a long-term contribution to the sustainable development of the
enterprise.
Peng Chengxin
congratulated the successful conclusion of the Fifth
China Japanese Corporate Legal Forum and stated that
sustainable development, as a fundamental national policy in China and a
development concept deeply rooted in people's minds worldwide, played a
significant leading role in all industries. This forum has built a platform for
cooperation and exchange between Chinese and Japanese corporate legal experts
and scholars. While seeking development we also explored the path of sustainable
development, created new added value through technological innovation, and fulfilled
our basic responsibility to society by implementing the spirit of the rule of
law. As neighboring countries and important components of Asia and the global
economy, China and Japan should maintain a close cooperative relationship and
jointly contribute to world peace and sustainable development of human society.
The China Japan Corporate Legal Forum
would also play an increasingly important role in the field of legal affairs
exchanges in the future.
At this forum,
Chinese and Japanese scholars and experts gathered together to freely express
their opinions and suggestions for sustainable development and corporate legal
affairs. Many new views, ideas and methods were inspired through the collision
of thinking and wisdom. This forum further deepened the understanding and
exchange between research institutions, enterprises and universities in China
and Japan on the sustainable development of corporate legal affairs, promoted
mutual learning and common progress between the two sides, and provided
important practical and intellectual guidance for sustainable development and
corporate legal affairs.
The China Japan Corporate
Legal Forum aimed to build a platform for in-depth dialogue and exchange
between Chinese and Japanese corporate legal affairs experts, government
functional departments, lawyers and legal experts. The forum was held
alternately in Tokyo and Shanghai, and continued to conduct in-depth
discussions on relevant topics, build consensus through the collision and
exchange of ideas between experts in various fields, jointly promoted mutual
exchanges and learning between Chinese and Japanese legal circles, and provide
rich intellectual support and a solid cooperation network for major issues such
as supporting the “the Belt and Road” initiative and Chinese enterprises “going
global” for global risk management and control.
In addition, on
November 18th before the meeting, Ji Weidong, University Professor of Humanity
and Social Sciences and Director of the Center, Cai Yuping, Deputy Director of
the Center, Xu Yue , General Manager of Administrative Office of the Center,
and Li Yiqiao, Director of Foreign Affairs of Administrative Office of the
Center, received a visit from a delegation of the
Association of Corporate Legal Departments
in the meeting room in the North Building No.4 at the Xuhui campus of Shanghai
Jiao Tong University.
Yoichiro Mizuishi,
Director of the Association of Corporate Legal Departments, Takehisa Sasaki,
Senior Manager of the Legal Department of Nissha Co., Ltd, Haruyuki Konno,
General Manager of AGC (China) Holdings Inc. Shanghai
Branch, Tomohiro Okumura, Executive Director and
Legal Responsible Person of LegalOn Technologies, Inc,
and Jun Mizutaka, Deputy Director of the International Civil and Commercial Law
Center were among the distinguished guests who visited. Members of the Center
engaged in a warm exchange with the visiting guests from the Association of
Corporate Legal Departments, and exchanged books and exquisite gifts.
