Study Of State-owned Enterprises Legal Advisory System

State-owned enterprises are mainstay of national economy. With morecomplicated and internationalized economic environment, those enterprises haveto face more risks than they have ever before. At the beginning of 1990s, theenterprise legal counsel system has been put on an important agenda in China.Nowadays, in order to strengthen the ability of legal risk-prevention of state-ownedenterprises and enhance the management of state-owned assets, State-ownedAssets Supervision and Administration Commission of the State Council(SASAC)has performed and promoted enterprise legal counsel system in state-ownedenterprises. Enterprise legal counsel system is one of widely used system in large-and- medinm- sized enterprise in western developed countries, which plays a keyrole in many fields such as business management, foreign trade, foreign investment,etc. However, affected by many factors, include tradition of legality, culture of law,enterprise legal counsel system's construction in China is not satisfying which hasbeen regarded as a hidden barrier for our enterprises to improve businessmanagement. Therefore, it has great realistic meaning and profound historicalsignificance to analyze the limitation of the enterprise legal counsel system inChina, to re-examine the system closely through the view of analyzing the functionof the enterprise legal counsel system and to research how to improve this system.The dissertation has four parts, the first part gives conception and features oflegal counsel of state-owned enterprises, makes a comparison with outsidelawyers, describes the development and evolution of the enterprise legal counselsystem both abroad and in China, then explains the great meaning and functionwhich would exert if enterprise legal counsel system have been perfected in China.The second part talks about attribute and orientation of general counsel andinternal legal department of state-owned enterprises. Through comparison withattribute and orientation of general counsel in America and France, also combiningwith our own situation, three suggestions have been offered to re-orient the generalcounsel of our country: the first is the general counsel should been assigned bySASAC. The second is to advance the function of legal risk-prevention of the general counsel as a member of senior management team. The last is to improvethe ability of the general counsel in managing internal legal department.The third part majors in qualities which should be possessed by enterprisecounsel. The author firstly makes a survey of contemporary qualities which thelegal counsel and general counsel of state-owned enterprises should basically have,then suggests the way of choosing the general counsel should be perfects. Thereare also three suggestions: in the first place, general counsel and legal counselshould obtain both lawyer license and enterprise counsel license. Secondly, generalcounsel should be recruited publicly. Finally, the recruitment of general counselshould be strictly performed.The last part introduces the rights, obligations and responsibilities of legalcounsel of state-owned enterprises and discusses the performance way ofenterprise legal counsel's right. There are also four suggestions for improvement ofthe way of legal counsel's right performance. Firstly, enhance the control of legalaffairs of general counsel. Secondly, expand and smooth the way of informationcommunication between legal counsel and management team. Thirdly, optimizethe environment of enterprise legal counsel. Lastly, establish the reciprocal systemof relying mainly on enterprise counsel and outside lawyer subsidiary.Establishing the system of enterprise legal counsel in state-owned enterprises isnot only a legal matter but also a matter concerning to economy and society. Theauthor hope this dissertation would be a brick tossed out to attract jade in the wayof improvement enterprise legal counsel system of our country.