Main Legal Risks And Countermeasures In Chinese Enterprise Operation

Legal risks in the enterprise operation means in the operation and management process,enterprise should undertake the risks of legal liability and legal sanction because ofmisunderstanding the law, negligence of legal examination or avoiding a control imposed bylaw, or the risks of economic loss because of not knowing to use the legal means to assert itsrights and avoid economic loss. In recent years, the legal risks enterprises encountered in ourcountry are unprecedented, the reason lies in, the national socialism marketing develops, theChinese enterprise have broadened their scope from domestic to international, the economicactivities increased, and the market has further standarded with regulation, the legal systemare more perfect. Under such environment, enterprises in our country pause in the originalideological mode and the management, the legal risk will increase greatly naturally. Themarket economy is the legal system economy, market's flaw requests to obtain the legal rulesand regulations, enterprise operation also need legal restraint. Under such background, how touse the law to regulate enterprise operation activities, and guard against legal risks becomeour new task.This paper adopts analytical way combining theoretic analysis with demonstrative study,consolidated method of history and logic, combining quantitative identification withqualitative analysis, contrast analysis with case analyzing, on the base of Marxist enterprisetheory and the Marxist Law and Economics theory, introduces related concep on legal risks inenterprise operation, and shows the significance of constructing enterprise legal riskprevention mechanism to the national socialism marketing. Then, this paper expounds themain legal risks in enterprise operation, describing the investment risk, contract risk,management of human resource risk, intellectual property risk, product and service qualityrisk. Afterward, the paper analyse the causes of legal risks from subjective factor, enterprises' own factor, enterprises'malicious competition factor, social factor, and internationalenvironment influence. Finally, the paper proposes the corresponding countermeasures,suggestting the enterprise must raise the legal risk awareness, enhance the operation controlsystem construction, establish the legal system of enterprise operation, to manage the legalrisk.