Risk Management And Control Of Enterprise Contract Law

With Chinese enterprise systems established and improved, the enterprise risk theory concerned undergoes an increasing development, especially the contract risk management as a means to prevent and manage the enterprise risk has been focused on. Based on the domestic and international research of risk management, contract management and legal risk theory, this thesis systematically analyzes the status quo, the existing problems and the developing trends of the contract management of state-owned enterprise. On the one hand, the author systematically analyzes the contract management on the domestic and international theory and practice of China’s state-owned enterprise in order to find out its corresponding legal risk point. On the other hand, by the means of the combination of contract management with contract legal risk, the author summarizes the legal risk evaluation theory of the state-owned enterprise and constructs the corresponding system of the contract frame system in an effort to explore the systematic measures of contract risk control.It can be believed that, it is theoretically and realistically significant to explore the proposition on the contract legal risk control of China’s state-owned enterprise. The conference of national key enterprises’legal risk prevention held in March2005marked that the government started to attach important to the legal risk of the state-owned enterprise and made the contract management become one of the three means to corporate governance and legal risk prevention. Therefore, to specify and distinguish the contract risk management of state-owned enterprise form the contract management has a profound significance to motivate the academic research on the contract legal risk of the state-owned enterprise. The author believes that the research is helpful, to supplement the traditional contract management theory so that at present it need to differentiate the relations and find the right place between the two concepts, thus exhibiting national asserts’role and special attribution in the research on the contract legal risk control. This thesis is divided into the following six parts:The first part is to introduce the concept of enterprise contract risk and expound the significance of the contract legal risk research. Its core significance lies in proposing the solution to some problems on the disparities and shortages of state-owned enterprise as pillar of the national economy existed in the process of development.The second part is to sketch the contract risk theories concerned, define the contract legal risk, survey and comment the theory and method of legal risk evaluation and clarify the value theory concerning contract legal risk prevention and control of state-owned enterprise.The third part is to analyze and distinguish the contract management risk and contract legal risk from the perspective of the traditional research, and cognize the scope of the contract risk from the aspects of management and law.The fourth part is to emphatically describe the contract legal risk in state-owned enterprise’s status quo and survey the process of contract legal risk management by the concrete operating practice based on taking Jiangyou Changcheng Special Steel Co. Ltd. attached to Pangang Group as an example and Pangang series companies as the background.The fifth part is to analyze the problems and their sources of the contract operating process based on the specific characteristic of state-owned enterprise.The sixth part is to propose some reasonable advice on how the contract risk management adapts to state-owned enterprise’s scale operation and forms model from the perspectives of law and enterprise management.