中国企业法务制度研究
发布时间：2019-03-30 07:23
【摘要】：企业作为营利性组织,伴随着经济全球化,法商时代的到来,商业往来日益频繁,企业的业务也越来越繁杂,面对如此多利益主体相互间的关系,企业在运营过程中内外部环境发生转变,涌现出越来越多的法律风险,使企业蒙受了巨大的损失。而面对如此多突如其来的和一些无法预判的法律风险,企业传统法务制度已经无法适应经济发展的要求。为了帮助企业更加有效的防控法律风险,避免企业由于无法律保障运营所造成的损失,我们倡导构建新型法务制度。 本文在对中国企业传统法务制度进行研究,解读了当前企业法务工作的转向,由原来单纯的解决法律纠纷到现如今对法律风险的防范,面对如此多法律风险的滋生,传统企业法务制度束手无策。企业现代法务制度的建立标志着法务工作已经扩展到对法律风险的防控,总法律顾问制度作为企业现代法务制度的核心,比对中国与美国的总法律顾问,深度解析中国总法律顾问的作用无法完全发挥的原因,在于我国企业与美国企业所根植的土壤法人治理结构内部权力失衡所致。最后根据我国企业的实际情况构建企业新型的法务制度,从原来单一的法务组织发展成为具有监督职能独立的法务系统,即由总法律顾问领导的法务部组织构成的法务系统,保障其独立性和法律监督职能,将总法律顾问纳入法人治理结构,企业的法务工作从原来的解决纠纷到用法律去保障企业的战略计划的运营。同时,我认为总法律顾问势必会随着经济的发展在越来越多的企业中建立,为了维护其权利的行使和职业的规范,我建议弥补立法上的空白,加强后备人才的培养。
[Abstract]:As a profit-making organization, with the globalization of economy and the arrival of legal and commercial era, business contacts become more and more frequent, and the business of enterprises is becoming more and more complicated. In the face of the relationship between so many stakeholders, In the course of operation, the internal and external environment changes, and more legal risks emerge, which causes the enterprises to suffer huge losses. Faced with so many unexpected and unpredictable legal risks, the traditional legal system of enterprises has been unable to adapt to the requirements of economic development. In order to help enterprises to prevent and control the legal risks more effectively and avoid the loss caused by the lack of legal protection, we advocate the construction of a new legal system. This article carries on the research to the Chinese enterprise traditional legal affairs system, has interpreted the current enterprise legal affairs work turn, from the original simple settlement legal dispute to now to the legal risk prevention, faced with so many legal risks breeding, The traditional legal system of enterprise has nothing to do with it. The establishment of the modern enterprise legal affairs system indicates that the legal affairs work has been extended to the prevention and control of the legal risks. As the core of the enterprise modern legal affairs system, the general legal adviser system compares the general legal advisers of China and the United States. An in-depth analysis of the role of China's general counsel is due to the imbalance of power within the governance structure of soil legal persons rooted in Chinese enterprises and American enterprises. Finally, according to the actual situation of the enterprises in our country, the new legal system of the enterprise is constructed, from the original single legal organization to the independent legal system with supervisory function, that is, the legal affairs system organized by the legal department led by the general counsel. To protect its independence and legal supervision function, the general legal adviser will be incorporated into the corporate governance structure. The legal work of the enterprise will change from the original dispute settlement to the legal protection of the operation of the strategic plan of the enterprise. At the same time, I think the general counsel is bound to be established in more and more enterprises with the development of economy. In order to maintain the exercise of their rights and professional norms, I suggest to make up for the gaps in legislation and strengthen the training of reserve talents.
【学位授予单位】：长春工业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：F279.2;D926.5
本文编号：2449910
[Abstract]:As a profit-making organization, with the globalization of economy and the arrival of legal and commercial era, business contacts become more and more frequent, and the business of enterprises is becoming more and more complicated. In the face of the relationship between so many stakeholders, In the course of operation, the internal and external environment changes, and more legal risks emerge, which causes the enterprises to suffer huge losses. Faced with so many unexpected and unpredictable legal risks, the traditional legal system of enterprises has been unable to adapt to the requirements of economic development. In order to help enterprises to prevent and control the legal risks more effectively and avoid the loss caused by the lack of legal protection, we advocate the construction of a new legal system. This article carries on the research to the Chinese enterprise traditional legal affairs system, has interpreted the current enterprise legal affairs work turn, from the original simple settlement legal dispute to now to the legal risk prevention, faced with so many legal risks breeding, The traditional legal system of enterprise has nothing to do with it. The establishment of the modern enterprise legal affairs system indicates that the legal affairs work has been extended to the prevention and control of the legal risks. As the core of the enterprise modern legal affairs system, the general legal adviser system compares the general legal advisers of China and the United States. An in-depth analysis of the role of China's general counsel is due to the imbalance of power within the governance structure of soil legal persons rooted in Chinese enterprises and American enterprises. Finally, according to the actual situation of the enterprises in our country, the new legal system of the enterprise is constructed, from the original single legal organization to the independent legal system with supervisory function, that is, the legal affairs system organized by the legal department led by the general counsel. To protect its independence and legal supervision function, the general legal adviser will be incorporated into the corporate governance structure. The legal work of the enterprise will change from the original dispute settlement to the legal protection of the operation of the strategic plan of the enterprise. At the same time, I think the general counsel is bound to be established in more and more enterprises with the development of economy. In order to maintain the exercise of their rights and professional norms, I suggest to make up for the gaps in legislation and strengthen the training of reserve talents.
【学位授予单位】：长春工业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：F279.2;D926.5
【参考文献】
相关期刊论文 前1条
1 周雁武;我国国有企业总法律顾问制度探析[J];社会科学家;2005年04期
，本文编号：2449910
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