Study On Enterprise Contract Risk Management Theory

With establishing and perfecting of social market economy in China and quickening of integrative course of global economy, innovation and development of enterprises has gained great effect, and international operation of them has become a trend. However, Chinese enterprises has exposed its legal weakness, which arouses high recognition of government and research passion in theory domain, especially for contract management as one of measures keeping away and managing legal risk. Contract management is the focus of research on the basis of the theoretic summary of risk management, contract management and legal risk.Contract risk management framework is set up according to the relationship between internal control and risk management, and contract risk is separated into contract management risk and contract legal risk. Contract risk management includes for parts: contract risk identification, contract risk analysis and assessment, contract risk plan and contract risk monitor and control and methods are chosen for each part combining with the characteristics of contract management.Legal risk and its assessment theory are building as the important part of contract risk management theory. Chinese law system framework is introduced, function and status of law in enterprises is analyzed, and the reality of legal risk in China is summarized. The concept of legal risk is defined, characteristics is analyzed, and classify is given. Cause of formation of legal risk is separated into legal circumstance and enterprises themselves, and the degree of marketizaion, scale, organization form, operation character and range, and social sensitivity are the primarily influence factor. Legal risk assessment process is set up then.In the course of contract risk identification, contract management risk and contract legal risk are identified respectively. The former is made up of organization structure risk, human resource risk, contract management institution risk, contract operation process risk and contract management information system risk through questionnaire survey method. The latter is made up of legal risk of signing contract, transaction body, contract text, and performing contract through method of producing process. The movement mechanism of contract management system is analyzed through system dynamics. In the course of contract risk analysis and assessment, contract risk of CNPC is assessed and analyzed on the basis of risk point and investigation. Except for monitoring and controlling contract risk, contract information can be statistically analyzed and provides gist of management decision. So five statistical dimensions are put forward such as regional corporate, contract sort, contract management department and personnel, contract opposing party, and dispute and claim, and analysis index and its meaning are advanced. The framework of contract management performance evaluation is built and evaluation index is set up.