The Improvement Of The Theory Of The State-owned Enterprise Legal Adviser System

Enterprises by law is the core of the modern enterprise system and the key to development, play and the role of state-owned enterprises legal adviser, is an integral part of modern enterprise system. In this paper, China’s current state-owned enterprise legal management methods departure, nor forgive the current regulations, the state-owned enterprises that the current problems of legal advisers, drawing on the experience and good practices in developed countries, China’s state-owned enterprises made a sound legal counsel system response.The whole text is divide into five parts: The first section describes the background of this article’s topics and writing ideas and innovations. The second part of the concept of state-owned enterprise legal consultant, classification, functions and significance of an overview of state-owned enterprises is a regular legal counsel to provide legal services or legal counsel to help legal professionals. State-owned enterprises according to legal counsel duties include maintaining the company’s own legal rights, guard against the risk of corporate law, and urge enterprises to strengthen management in three areas. State-owned enterprises in improving their legal counsel governance structure, sound corporate governance and safeguard their legitimate rights and interests and maintain the security of state assets has an important significance. The third part analyzes the state-owned enterprises and the development of the legal advisory system problems. Corporate legal system, there is early days, is accompanied by China’s socialist market economy system came into being and continue to develop and improve together. Aware of the development of state-owned enterprise system will help us in understanding the basis of national conditions and practice, to better promote the state-owned enterprise legal system. Focused on analyzing the construction of state-owned enterprise legal advisory system and the existence of the difficulties can not be ignored:the problems in the legislation, mainly at the legislative level is not high, the authorities set up state-owned enterprises are not clear and the Nature of the General Counsel is not accurate; legal counsel in the state-owned enterprise system implementation problems, mainly in the understanding of corporate counsel needs to be improved, corporate legal consultants legal knowledge is not high and corporate counsel can not effectively involved in corporate governance, these problems have constrained state-owned enterprise legal advisory system in depth. Part IV of the system and outside corporate counsel experience reference. The United States, France and other foreign companies legal advisory system after100years of development, corporate legal advisory system has been quite perfect, stone hills, we can learn, for improving China’s state-owned enterprises with good legal counsel inspiration and reference. Then, a detailed analysis of the foreign legal consultant systems can learn from the part. Fifth section presents a complete system of state-owned corporate counsel, corporate law and actively promote decision-making and management of policies and measures:on the one hand, in the Legislative Counsel improve our system of state-owned enterprises, including improving the legislative level, the establishment of a unified authority; re-positioning General Counsel, the state-owned enterprise system; the other hand, improve the system of state-run corporate counsel and working mechanisms:First, to further enhance the understanding of the legal adviser of state-owned enterprises, the second is to improve the corporate general counsel of the selection mechanism and the third is the establishment of sound legal counsel management mechanism, the forth state-owned enterprises is to optimize the practice of environmental law consultant, the fifth state-owned enterprises to expand the legal counsel’s right to know, the sixth state-owned enterprises is to establish the main legal adviser, lawyer, supplemented by social co-existence of complementary institutions.