论国有企业法律顾问制度的完善

发布时间：2018-03-15 18:19

本文选题：国有企业　切入点：法律顾问　出处：《西南大学》2012年硕士论文　论文类型：学位论文

【摘要】：依法治企是建立现代企业制度的重要内容,如何充分地发挥国有企业法律顾问的职能和作用,是构建现代企业制度的重要组成部分。本文从我国现行的《国有企业法律顾问管理办法》出发,又不宥于当前规定,指出当前国有企业法律顾问存在的问题,借鉴国外发达国家经验和先进做法,提出完善我国国有企业法律顾问制度的对策。全文分五部分：第一部分介绍本文的选题背景、写作思路及创新之处。第二部分对国有企业法律顾问的概念、分类、职责和意义进行了概述,国有企业法律顾问,是指取得企业法律顾问执业资格,由企业聘任,专门从事企业法律事务工作的企业内部专业人员。国有企业法律顾问职责大体分为以下三个方面：依法维护本企业自身合法权益、规避企业经营活动中的法律风险、促进企业依法经营管理三个方面。国有企业法律顾问在完善国有企业依法治理、维护国有企业合法权益和维护国有资产的安全方面具有重要的意义。第三部分剖析我国国有企业法律顾问制度在当下大环境中所存在的问题。国有企业法律顾问制度初建于20世纪50年代,伴随着我国社会主义市场经济体制的建立和完善应运而生并不断发展起来。接着,重点分析国有企业法律顾问制度建设面临的困难和存在的不容忽视的问题：在立法中存在的问题,主要有立法层次不高,主管部门设置不明确和国有企业总法律顾问性质定位不准确；在国有企业法律顾问制度实施中存在问题,主要有对企业法律顾问的认识有待提高,企业法律顾问人员法律素养不高和企业法律顾问难以有效介入企业治理等,这些问题制约着国有企业法律顾问制度向纵深发展。第四部分研究域外企业法律顾问制度及经验借鉴。美国、法国等国外企业法律顾问制度经过100多年的发展,企业法律顾问制度已经相当完善,他山之石,可以攻玉,对于完善我国国有企业法律顾问具有很好的启示和借鉴作用。之后,具体分析国外法律顾问制度可资借鉴的部分。第五部分提出完善国有企业法律顾问制度,积极推进企业依法决策和经营管理的对策和措施：一方面在立法上完善我国国有企业法律顾问制度,包括提高立法层次,建立统一主管机构；重新定位我国国有企业总法律顾问制度；另一方面完善国有企业法律顾问制度的运行方式和工作机制：一是提高对国有企业法律顾问制度的认识,二是完善国有企业总法律顾问的选任机制,三是建立健全国有企业法律顾问管理机制,四是优化国有企业法律顾问的执业环境,五是扩大国有企业法律顾问的知情权,六是建立以国有企业法律顾问为主,社会律师为辅的并存互补体制。
[Abstract]:Managing enterprises according to law is an important content of establishing modern enterprise system. How to give full play to the functions and functions of legal advisers in state-owned enterprises, It is an important part of the construction of modern enterprise system. This paper points out the problems existing in the legal consultant of state-owned enterprises, starting from the current "measures for the Management of legal Advisers in State-owned Enterprises" and not condoning the current regulations. Based on the experience and advanced practices of foreign developed countries, the author puts forward some countermeasures to perfect the legal advisory system of state-owned enterprises in China. The full text is divided into five parts: the first part introduces the background, writing ideas and innovations of this thesis. The second part summarizes the concept, classification, duty and significance of the legal adviser in state-owned enterprises. Refers to the acquisition of the qualification of legal consultant for an enterprise and the appointment of the legal consultant by the enterprise, The legal advisory duties of state-owned enterprises are generally divided into the following three aspects: safeguarding the legitimate rights and interests of the enterprise according to law, avoiding the legal risks in the enterprise's business activities, To promote the operation and management of enterprises in accordance with the law. The legal advisers of state-owned enterprises are improving the governance of state-owned enterprises in accordance with the law. It is of great significance to safeguard the legal rights and interests of state-owned enterprises and to safeguard the security of state-owned assets. The third part analyzes the problems existing in the legal advisory system of state-owned enterprises in the present environment. The system was first established in 1950s. With the establishment and perfection of the socialist market economic system in China, it came into being and continued to develop. This paper focuses on the analysis of the difficulties faced in the construction of the legal consultant system in state-owned enterprises and the problems that can not be ignored: the problems existing in the legislation mainly include the low level of legislation, The establishment of the department in charge is not clear and the orientation of the general legal adviser of the state-owned enterprise is not accurate, and there are some problems in the implementation of the legal adviser system of the state-owned enterprise, mainly the understanding of the legal adviser of the enterprise needs to be improved. The legal literacy of corporate legal advisers is not high, and it is difficult for corporate legal advisers to effectively intervene in corporate governance. These problems restrict the further development of the legal advisory system of state-owned enterprises. 4th part of the study of the extraterritorial corporate legal advisory system and experience. The United States, France and other foreign enterprises legal advisory system after more than 100 years of development, The legal advisory system of enterprises has been quite perfect, and the stone of other mountains can be used to attack jade, which has a very good enlightenment and reference for perfecting the legal advisers of state-owned enterprises in our country. After that, Part 5th proposes to improve the legal consultant system of state-owned enterprises. The countermeasures and measures to actively promote enterprises' decision-making and management according to law are as follows: on the one hand, perfecting the legal advisory system of state-owned enterprises in our country, including raising the legislative level and establishing a unified competent organization; On the other hand, to improve the operation and working mechanism of the legal advisory system of state-owned enterprises: first, to improve the understanding of the legal advisory system of state-owned enterprises. The second is to improve the mechanism for selecting and appointing general legal advisers in state-owned enterprises, the third is to establish and improve the management mechanism of legal advisers in state-owned enterprises, the fourth is to optimize the practice environment of legal advisers in state-owned enterprises, and the fifth is to expand the right to know of legal advisers in state-owned enterprises. Sixth, the establishment of a state-owned enterprise legal advisers, supplemented by social lawyers co-complementary system.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.5

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