The characteristics of the security industry are mainly manifested in the following: The purpose of security system construction and the function of security products are to protect the safety of life and property. Its social benefits are huge, and its value is incomparable with other technical systems.
First, the places where security systems and products are applied are intensively wealthy, and their security status has great influence on social stability and citizens' sense of security.
Second, security system construction and operation management have a close relationship with public security business work. In addition to some critical parts and major activities of the security system directly managed by the public security department, the social security system is also closely linked with the public security business, and its system planning program must accept the guidance of the public security department, drawing on the experience of the public security work; Many of the information collected by the security system is of great value to the public security business.
Third, the security system is the object of prevention, and people have anti-detection, anti-monitoring capabilities, and can launch attacks and destruction of systems and equipment. In the face of the challenges of high-tech crimes, a perfect security system must have an effective response capability, which is closely related to system management and personnel management. Therefore, the security system cannot be a fully automated system. The combination of technology prevention and civil defense and physical defense, and the combination of technology and management is a very distinctive and different security system.
In China, with the needs of the security industry management, a number of laws and regulations have been introduced one after another, initially forming a multi-level regulatory system. This system consists of industry regulations, local regulations, mandatory standards, and certification work. It plays a significant role in the operation and management of the company.
Industry regulations to maintain public safety, standardize safety technology and prevent management, and fundamentally solve outstanding problems in the industry management and information use. In 2008, under the leadership of the Legal Affairs Office of the State Council and the Legal Affairs Bureau of the Ministry of Public Security, the Science and Technology Bureau of the Ministry of Public Security organized relevant experts to strengthen research and drafting of security legislation and completed the Regulations on the Prevention and Administration of Security Technology (revised draft). The guiding ideology, target principles and scope of application of the legislation, as well as the requirements for employment, installation and operation, information use, supervision and inspection, and legal responsibilities.
At present, the revised draft has solicited opinions from the industry, including the Ministry of Housing and Urban-Rural Development, the Ministry of Industry and Information Technology, the General Administration of Quality Supervision, Inspection and Quarantine, and the State Administration for Industry and Commerce. After the revision, if it can be successfully introduced, it will make Security management is fundamentally integrated into the legal system, and the security industry has also ushered in a good situation of further prosperity and standardized development.
The "Regulations on the Management of Security Services" promulgated by the State Council also refers to the regulations governing the use of security equipment. These provide the legal basis for the technical protection management conducted by the public security department. We can see from this that people are more vigilant against the possible infringement of individual rights of citizens brought about by the technical defense system, and this has increased the protection of citizens’ privacy in the regulations.
In addition, Article 51 of the "People's Republic of China Employment Promotion Law," passed on August 30, 2007, stipulates: "The State shall implement an occupational certification system for workers engaged in special types of work involving public security, personal health, and life and property safety. This regulation provides a legal basis for implementing the access system for security industry practitioners, thus ensuring the healthy development of the security industry.
Since 2007, local laws and regulations, in order to maintain public safety, regulate the management of public safety image information, safety technology prevention products, and the construction of security facilities systems, and improve the ability to prevent and dispose of public emergencies. Each province and city combines local needs and actual conditions. Successively formulated and promulgated a series of management regulations. Beijing Municipality has promulgated the "Measures for the Administration of Public Security Image Information System in Beijing Municipality"; Chongqing Municipality has promulgated the "Administrative Measures for Chongqing Public Social Security Video Image Information System"; Liaoning Province has promulgated the "Measures for the Administration of Public Safety Video Image Information System" and so on; The Sichuan Provincial People's Congress adopted the "Public Security Technology Prevention and Management Regulations of Sichuan Province" and it has been implemented since January 1, 2010.
Standardization work In recent years, China's standardization work has made considerable progress. As of the end of August 2008, the National Security Alert System Standardization Technical Committee (SAC/TC100) has completed a total of 100 current national and industry standards. These standards cover a wide range of professional technologies, including intrusion and anti-robbery alarms, video surveillance, entrance and exit control, physical protection, explosion-proof security inspection, and security engineering.
Certification Work In 2008, the security certification business made positive progress in basic work, management work, and innovation. These laws and regulations provide a basic legal framework for the development of the security industry. However, the only drawback is that the legislation at the national level has not been introduced. The security industry policy is lacking in clarity and the security supervision system is still incomplete. These factors lead to self-regulation in the security industry. It is particularly important for corporate mergers and acquisitions. Legal risk Globally, corporate mergers and acquisitions have gradually become a mainstream form of modern investment. The legal risks of corporate mergers and acquisitions are mainly reflected in corporate mergers and acquisitions. Mergers and acquisitions involve corporate laws, anti-unfair competition laws, tax laws, intellectual property laws, and other laws and regulations. The merger process is complex and has a large impact on society, and the potential legal risks are high.
Intellectual Property Legal Risks Intellectual property rights include trademarks, patents, and copyrights, which are the fruits of the crystallization of creativity and wisdom. The object is a special property in non-material form and requires special provisions in relevant laws.
In the field of intellectual property rights, protection and infringement are twin brothers, and security companies are negligent. Their intellectual property rights are easily infringed by others, or they infringe others’ intellectual property rights. Whether they are infringement or infringement, they will face Huge legal risk. "Crypto CCTV", "Spring Festival Gala" and other cybersquatters are excellent examples. If you look for reasons from the company itself, the lack of awareness of risk prevention at the decision-making level and at the consultant’s lawyer may be one of the most important factors.
Legal Risks of Human Resources Management In China, the laws and regulations related to human resources are mainly the "Labor Law", "Labor Contract Law" and related administrative regulations and departmental regulations. In all aspects of the enterprise human resources management process, from the beginning of recruitment, interviewing, hiring, signing of labor contracts, employee treatment issues until the departure of employees, there are relevant labor laws and regulations to adjust and standardize, any non-compliance of the company All may bring about labor disputes to the company and cause adverse effects.
On the other hand, for the sake of long-term development, enterprises often spend a lot of money to train their business backbones and technical backbones. These key employees hold a large number of corporate secrets such as customer data, trade secrets, and technical secrets. As companies grow and grow, the expectations of key staff will rise. Once companies fail to meet individual demands, they will threaten to quit. The high job-hopping rate of employees and the low degree of loyalty to companies are currently the most prominent personnel issues that plague many security companies. Job-hopping employees will often take away valuable customer resources, trade secrets, and technical secrets of the company. The flow of these employees will generally not deviate from the industry they were engaged in, or choose to start their own business, or choose other companies in the same industry. Become a new company's competitors and gradually erode the company's resources and markets. The job-hopping of key employees will often cause incalculable economic losses to the company, sometimes even fatal blows.
Legal Risks of Corporate Finance and Taxes In recent years, there have been a large number of financial and tax-related cases involving security companies. From a certain perspective, it can be seen that corporate legal risks in financial taxation are increasing. Under the current fiscal and taxation policy environment in our country, it is difficult to distinguish clearly between reasonable tax avoidance and tax evasion. If it is handled improperly, the company is likely to suffer unnecessary economic losses and even bear corresponding criminal liabilities. It may also be a legal representative. Injury in prison.
First, the places where security systems and products are applied are intensively wealthy, and their security status has great influence on social stability and citizens' sense of security.
Second, security system construction and operation management have a close relationship with public security business work. In addition to some critical parts and major activities of the security system directly managed by the public security department, the social security system is also closely linked with the public security business, and its system planning program must accept the guidance of the public security department, drawing on the experience of the public security work; Many of the information collected by the security system is of great value to the public security business.
Third, the security system is the object of prevention, and people have anti-detection, anti-monitoring capabilities, and can launch attacks and destruction of systems and equipment. In the face of the challenges of high-tech crimes, a perfect security system must have an effective response capability, which is closely related to system management and personnel management. Therefore, the security system cannot be a fully automated system. The combination of technology prevention and civil defense and physical defense, and the combination of technology and management is a very distinctive and different security system.
In China, with the needs of the security industry management, a number of laws and regulations have been introduced one after another, initially forming a multi-level regulatory system. This system consists of industry regulations, local regulations, mandatory standards, and certification work. It plays a significant role in the operation and management of the company.
Industry regulations to maintain public safety, standardize safety technology and prevent management, and fundamentally solve outstanding problems in the industry management and information use. In 2008, under the leadership of the Legal Affairs Office of the State Council and the Legal Affairs Bureau of the Ministry of Public Security, the Science and Technology Bureau of the Ministry of Public Security organized relevant experts to strengthen research and drafting of security legislation and completed the Regulations on the Prevention and Administration of Security Technology (revised draft). The guiding ideology, target principles and scope of application of the legislation, as well as the requirements for employment, installation and operation, information use, supervision and inspection, and legal responsibilities.
At present, the revised draft has solicited opinions from the industry, including the Ministry of Housing and Urban-Rural Development, the Ministry of Industry and Information Technology, the General Administration of Quality Supervision, Inspection and Quarantine, and the State Administration for Industry and Commerce. After the revision, if it can be successfully introduced, it will make Security management is fundamentally integrated into the legal system, and the security industry has also ushered in a good situation of further prosperity and standardized development.
The "Regulations on the Management of Security Services" promulgated by the State Council also refers to the regulations governing the use of security equipment. These provide the legal basis for the technical protection management conducted by the public security department. We can see from this that people are more vigilant against the possible infringement of individual rights of citizens brought about by the technical defense system, and this has increased the protection of citizens’ privacy in the regulations.
In addition, Article 51 of the "People's Republic of China Employment Promotion Law," passed on August 30, 2007, stipulates: "The State shall implement an occupational certification system for workers engaged in special types of work involving public security, personal health, and life and property safety. This regulation provides a legal basis for implementing the access system for security industry practitioners, thus ensuring the healthy development of the security industry.
Since 2007, local laws and regulations, in order to maintain public safety, regulate the management of public safety image information, safety technology prevention products, and the construction of security facilities systems, and improve the ability to prevent and dispose of public emergencies. Each province and city combines local needs and actual conditions. Successively formulated and promulgated a series of management regulations. Beijing Municipality has promulgated the "Measures for the Administration of Public Security Image Information System in Beijing Municipality"; Chongqing Municipality has promulgated the "Administrative Measures for Chongqing Public Social Security Video Image Information System"; Liaoning Province has promulgated the "Measures for the Administration of Public Safety Video Image Information System" and so on; The Sichuan Provincial People's Congress adopted the "Public Security Technology Prevention and Management Regulations of Sichuan Province" and it has been implemented since January 1, 2010.
Standardization work In recent years, China's standardization work has made considerable progress. As of the end of August 2008, the National Security Alert System Standardization Technical Committee (SAC/TC100) has completed a total of 100 current national and industry standards. These standards cover a wide range of professional technologies, including intrusion and anti-robbery alarms, video surveillance, entrance and exit control, physical protection, explosion-proof security inspection, and security engineering.
Certification Work In 2008, the security certification business made positive progress in basic work, management work, and innovation. These laws and regulations provide a basic legal framework for the development of the security industry. However, the only drawback is that the legislation at the national level has not been introduced. The security industry policy is lacking in clarity and the security supervision system is still incomplete. These factors lead to self-regulation in the security industry. It is particularly important for corporate mergers and acquisitions. Legal risk Globally, corporate mergers and acquisitions have gradually become a mainstream form of modern investment. The legal risks of corporate mergers and acquisitions are mainly reflected in corporate mergers and acquisitions. Mergers and acquisitions involve corporate laws, anti-unfair competition laws, tax laws, intellectual property laws, and other laws and regulations. The merger process is complex and has a large impact on society, and the potential legal risks are high.
Intellectual Property Legal Risks Intellectual property rights include trademarks, patents, and copyrights, which are the fruits of the crystallization of creativity and wisdom. The object is a special property in non-material form and requires special provisions in relevant laws.
In the field of intellectual property rights, protection and infringement are twin brothers, and security companies are negligent. Their intellectual property rights are easily infringed by others, or they infringe others’ intellectual property rights. Whether they are infringement or infringement, they will face Huge legal risk. "Crypto CCTV", "Spring Festival Gala" and other cybersquatters are excellent examples. If you look for reasons from the company itself, the lack of awareness of risk prevention at the decision-making level and at the consultant’s lawyer may be one of the most important factors.
Legal Risks of Human Resources Management In China, the laws and regulations related to human resources are mainly the "Labor Law", "Labor Contract Law" and related administrative regulations and departmental regulations. In all aspects of the enterprise human resources management process, from the beginning of recruitment, interviewing, hiring, signing of labor contracts, employee treatment issues until the departure of employees, there are relevant labor laws and regulations to adjust and standardize, any non-compliance of the company All may bring about labor disputes to the company and cause adverse effects.
On the other hand, for the sake of long-term development, enterprises often spend a lot of money to train their business backbones and technical backbones. These key employees hold a large number of corporate secrets such as customer data, trade secrets, and technical secrets. As companies grow and grow, the expectations of key staff will rise. Once companies fail to meet individual demands, they will threaten to quit. The high job-hopping rate of employees and the low degree of loyalty to companies are currently the most prominent personnel issues that plague many security companies. Job-hopping employees will often take away valuable customer resources, trade secrets, and technical secrets of the company. The flow of these employees will generally not deviate from the industry they were engaged in, or choose to start their own business, or choose other companies in the same industry. Become a new company's competitors and gradually erode the company's resources and markets. The job-hopping of key employees will often cause incalculable economic losses to the company, sometimes even fatal blows.
Legal Risks of Corporate Finance and Taxes In recent years, there have been a large number of financial and tax-related cases involving security companies. From a certain perspective, it can be seen that corporate legal risks in financial taxation are increasing. Under the current fiscal and taxation policy environment in our country, it is difficult to distinguish clearly between reasonable tax avoidance and tax evasion. If it is handled improperly, the company is likely to suffer unnecessary economic losses and even bear corresponding criminal liabilities. It may also be a legal representative. Injury in prison.