Research On The Improvement Of The Legal Counsel System Of China's Enterprises

The enterprise legal counsel system was first formed out of the Western countries with capitalist market economy almost100years ago. In the1950s, it appeared in the socialist states. The enterprise legal counsel system is a key constituent part of modern enterprise system. As the employee specializing in legal affairs, enterprise counsels play important role in business administration, prevention of legal risk, contract management, treatment of disputes and lawsuit assistance. With the establishment and development of reform, opening, and socialist market economy, the construction of enterprise legal counsel system was referring to the agenda. China after WTO has more frequent exchanges with other countries in economy, which requires higher demand of the enterprise to manage in accordance with the law. Market economy is the legislative economy. Consummating the enterprise legal counsel system by strengthening legal sense, implementing scientific decisions, improving internal management and defusing risks in legal measure is the major theme of running the enterprise according to law. However, affected by many factors including ideological understanding, traditional rule of law and management system, enterprise legal counsel system in China has imperfections. Issues like system building, business practicing and role positioning are undefined, which seriously block the further development of enterprise. Therefore, with great theoretical and realistic meaning, it is a important topic of the academic circle to do the research of further consummating the enterprise legal counsel system. By analyzing the history and the present situation of foreign and domestic experience, a system with Chinese characteristics should be consummated..In this essay, the author believes that the research is not merely to make clear the rights and interests of thousands of enterprise legal counsels, furthermore, it is solving a problem in relation to sociology, economics and law. This essay introduces the definition, history and development of the enterprise legal counsel system, analyses the limits of the existing system in China by comparing the difference of this system between the West and China. This paper also refers to a new kind of system which is the general counsel system in America and some of the state-owned enterprises of China. In the end, comprehensive concerned measures is raised to improve this system, which include clearing and definiting the structure and personal form of the law department in enterprises, building the complete working mechanism and management system of the enterprise legal counsel system, and exploring the way of consummating the general counsel system according to the reality of different enterprises.