On Preventing Law Risk Of Contract And Programmed Contract Review

Contract legal risk prevention and contract review is the regular work of the legal department. To do these two things better is the purpose of my research.Research methods。Documentation Research, I find a total of hundreds of books and papers, and earned something useful ideas. By interdisciplinary research:Introduced to the company’s risk prevention in the construction of civil aviation SMS, I would like to help to prevent legal risks. By experience summary, I work more than three years of the contract review, and have reviewed nearly2,000contracts, and then summed up some experience; I hope to start a discussion.Contract risk management and contract review is different but related. SMS is the abbreviations of the safety management system. At its central idea is the risk management. SMS has implications for the company’s legal risk prevention. SMS have a unique value to build the legal security of the protection of company operations. Why need to prevent, Guard against what, How to prevent and what kind of security status, all that needs to be attention and solution. With a focus on SMS construct, From the necessity of the legal risks prevention and several situations of prevention and the unique advantages of SMS, I try discuss these issues.In the running of the company, contract review is a regular thing. How better to prevent a wide range of legal risk is the thing we must consider. This article introduces a model of programmed contract review. Programmed contract review, is the contract review activities against legal risks in accordance with a certain pattern, processes and methods. Its central idea is to prevent contract legal risk. This can lock trading content, and lock the interests of the company.The characteristics of programmed contract review is programmed and modeling."Procedure" and "process" is everywhere in the life and work. But we should look for the relative scientific program, and co-ordinate arrangements for doing things order, so we can achieve faster and better realm. The legal provisions are abstract, and they concern the division of rights and obligations. The contract shall be converted into the legal provisions the defensive terms of the contract, and prevent legal loopholes, so this will ensure that the security of the contract。The model of programmed contract review is composed by contract management practices, standard operating procedures, contract checklist, standard text, reference text (with reference terms), model text, and information systems. Standard operating procedures and checklists are the core, the others are auxiliary parts.Priorities of the company to use the text of the contract:company’s standard contract text> reference text> model text> counter-parties contract.The establishment and improvement of the standard text database, is a direct reflection of the level of a contract management. There is enough database text in well managed companies.Reference terms can be relatively fixed some specific provisions of the contract, to improve the effectiveness of the drafting and revision of the contract. For example, following the terms of the contract can be used relatively fixed statement:payment terms, liability for breach of the terms of the dispute resolution clause, intellectual property clauses, force majeure clauses, confidentiality provisions. Block method can quickly drafting and amending the contract.In the implementation of programmed contract review, we should pay attention to the audit process, the division of labor, the approval authority, the audit concerns and other factors.We should do due diligence, examine their qualifications, credit and performance capabilities.In examining the specific contract, we can use the generic checklist and Classification checklist; we conducted our audit in accordance with the latter on named contract. On unnamed contract, we can use the former checklists.