Corporate Law Risk-based Theory And Practice

At present, enterprise legal risk management in China is a hot topic, legal risks appear a word in mainland China only ten years time, domestic enterprises into enterprise legal risk management practices and only five or six years of time. In recent years, the state-owned assets supervision and associated institutions and other government departments under the advocate and promote, Chinese law risk management theory and practice have got great progress. Especially the central enterprise comprehensive risk management guidelines "and" enterprise legal risk management guide "(drafts), marks the promulgation of enterprise legal risk management into a new era.Enterprise legal risk refers to under specific conditions, based on the law or contract, as companies action or inaction and its legal liability or negative consequences of uncertainties. This uncertainty for business objectives embodied the negative influence. Enterprise legal risk management refers to identify, evaluate, and control the whole process of legal risk. Legal risk management in foreign some large internal company has more mature for domestic companies, is has a very broad space for development. Legal risk management and compliance management goal is basic and same, it is in order to pass to strengthen management activities, prevent possible kinds of legal risks and to reduce unnecessary losses, but also has the obvious difference. The internal control is affected by enterprise board, management and other personnel operating efficiency effects for the reliability of financial report effect, and related laws and regulations of the follow to achieve the goal of the process and provide reasonable assurance. This text is divided into three parts, the first part of enterprise legal risk management is described, including the basic theories of the concept, characteristics, the risk of enterprise legal risks several basic problems and the connotation of enterprise legal risk management. The second part mainly introduces closely related with legal risk of internal control theory and enterprise risk management problems, the 3rd part is from legal risk management theory and practice two aspects elaborated the basic problems of the legal risk management.Overall, the current domestic for legal risk management research is not mature, still lack of systematic research. The constructing perfect enterprise legal risk management system, speaking of the enterprise has the great significance, can increase the market value, improve the corporate image, improve internal management, etc., as the U.S. subprime crisis for the evolution of global financial tsunami, more and more enterprises realize long-term health development, enterprise management must be based on the rule of law, establish the framework in government regulators, under the supervision of must strictly prevent and control the various legal risk. Therefore, the enterprise legal risk management has entered a new development era..