| Since the first technological revolution in the mid-sixteenth century, human society has started its transformation from status and class society to contractual and risk society. In risk society, risk is the principle factor that threatens human development, so overall risk management naturally becomes the major issue currently. As a kind of enterprise risk, legal risk is undoubtedly an important object of overall risk management. Enterprise legal risk manifests its high non-determinacy, variety, complexity, universality, speculativeness, internationalization, globalization and leading to heavy loss especially in China for it is now in the period of rapid transition switching from planned economy to market economy. This paper aims to explore enterprise legal risk and the cause, the construction of warning mechanism for enterprise legal risk and its networking, the decision-making in the face of enterprise legal risk and prevention and control mechanism from the perspective of legal risk theory.(1) The available enterprise legal risk theories are systematically sorted out:risk theories based on the sources of risk, risk theories based on risk management and enterprise risk management theories. At the same time, the domestic and overseas study achievements and developing trend of enterprise risk management and enterprise legal risk management are summarized and commented.(2) The mode of studying legal risk theory and legal risk management theories is preliminarily established. Legal risk is non-determined, objective and leading to heavy loss, which is the same as risk, so legal risk can be regarded as one kind of risk. But legal risk also owns its legal attributes such as constructiveness, controllability and being normative. The construction of legal risk theory will provide the basis for the construction of studying mode of legal risk theories and legal risk management theories and lay the theoretical foundation for the enterprise legal risk identification, estimation, assessment, warning and decision-making research. (3) The forms of social transformation and social transformation in China are generalized and the features are summarized as allsideness, multiplicity and integration. The characteristics of enterprise legal risk in the period of social transformation in China are also revealed which are high non-determinacy, variety, complexity, universality, speculativeness, internationalization, globalization and leading to heavy loss. According to the different types of enterprise legal risk, the causes are explored. Meanwhile, the enterprise legal risks involved in Sanlu milk powder scandal and Huaxia Securities bankruptcy are studied by means of case analysis.(4) The author makes clear the relation of enterprise legal risk identification, estimation, assessment, warning and decision-making, constructs respectively the methodology of identifying enterprise legal risk, the index system and methodology of estimating and assessing enterprise legal risk, decides the warning index and the security line as well as the decision-making types and methods in the face of enterprise legal risk. The author constructs the estimating mode for the legal risk of enterprise bankruptcy and proposes some suggestions for its optimization. Furthermore, the author made demonstration improvement and optimization to the synthesis estimating method for the legal risk of enterprise tax planning. Lastly, the author explores the application of VaR model and method to legal risk assessment of the loan contracts in which financial institutions are involved.(5) The author, based on the study of the identification, estimation and assessment of enterprise legal risk concludes the enterprise legal risk warning index and security line, constructs the enterprise legal risk warning system made up of database subsystem, risk analysis subsystem and risk warning subsystem and introduces the working process. Based on the theory of network governance, the networking of enterprise legal risk warning mechanism can be realized. Actually, the networking of enterprise legal risk warning mechanism optimize the internal legal risk warning mechanism of enterprise, which aims to obtain better index, methods and valid information through connecting the terminals of government, other enterprise legal risk warning system and some stakeholders.Finally, the author summarizes the three kinds of decision-making for enterprise legal risk:resisting, accepting and choosing, as well as the methodology of enterprise legal risk decision-making. The significance of man-made neural network method in enterprise legal risk decision-making is explored by means of case analysis. The author also proposes enterprise legal risk prevention and control mechanism which is made up of enterprise legal risk prevention and control system, institution system and the theory and culture of enterprise legal risk prevention and control. |
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