Study On The Constrction Of The Enterprises Legal Profession System In China

In recent years, China's enterprises face increasing legal risks along with China's rapid economic development and the strengthening of global economic integration.In particular, China joined the WTO, economic exchanges between China and other countries become more frequent, which Chinese companies operate according to law and legal decision-making put forward higher requirements, Corporate legal career system came into being in this context. At present the legal profession from our current situation of enterprises, mainly in the form of two systems:one system of corporate lawyers; Second, corporate legal advisory system. There is also a common form in the system, the social part-time corporate counsel lawyers, strictly speaking, this form of corporate legal counsel is only part of or in the form of system, Needless to say, corporate law career system of modern enterprise system as an important part of the legal risks in the prevention and against a pivotal role to play, has increasingly become the competitiveness of enterprises to increase the importance of their own power. From this perspective, no doubt has its rationality and necessity that any one of the existing system of corporate law career. However, the current system of legal professional enterprise system and its lack of rational thinking, the legal services market competition and inadequate management practices, and inadequate administrative system reform in China and other reasons, led to China's corporate law career system in the development process, there have been some conditions can not be ignored:The coexistence of two systems, subject to different rules and regulations of the constraints, respectively, by the judicial administrative organs and the Justice Department to monitor, making the legal profession of the enterprise management system is very confusing; Different access conditions, resulting in two different qualities of corporate legal services to corporate personnel, corporate legal teams led to the development of good and bad, and the company lawyers and corporate counsel face produced two certificates on the identity of identification with the barriers; Enterprises in the two management department, the provisions of the two systems also appears before the loss. Therefore, standardized system of corporate law career to become relevant departments to present a very urgent task. At present, although academics and practitioners of corporate law career system has made positive progress and improvement of exploration, but for some reason the column, these efforts have not yet attracted the attention the relevant authorities. This paper uses comparative and historical examination of the methods, the legal profession from our system of coexistence of the two companies the current situation of China's corporate law career system presented a problem:Two kinds of barriers to entry, leading to the development of corporate legal services team mixed; conflict between the provisions of the two systems, allowing companies to know what to do; the two regulators, the confusion caused by the management. The causes of these three major issues had a profound analysis of the legal profession that the lack of enterprise research and rational planning system; the legal services market and management are not standardized; The division of political rights is the result of the legal profession of the legal system of the present business situation of the main reasons. Paper on the formation of the legal system of foreign enterprises, the development and characteristics of the analysis, the re-construction of the system of corporate law career Inspiration. At present stage, it was unlikely to canceled any case of one system, enterprises need to choose freely the form of corporate legal services and setting according to their needs.But to the degree of a long-term business development of the legal profession, when the time comes, the unity of the two systems should be implemented, developing the company law regime in the country has been relatively mature, so when the time should be abolished and corporate legal advisory system, the establishment of sound corporate law system.