The Improvement Of The Internal Legal System Theory Of State-owned Enterprises

Enterprise legal adviser system is an important part of a country’s legal professional system, the first is to specification and guide enterprise legal adviser’s practice activities, is a professional institutions, enterprise legal adviser on the basis of the specific rights and obligations it to regulate internal corporate legal affairs staff practice as the core, is also an organic part of a country’s modern enterprise system. Legal system is along with the market economic system gradually established and the further strengthening of the construction of legal system and social market economy gave birth to the system of an enterprise legal system construction, is also a business decision according to law, in accordance with the law and to safeguard their own lawful rights and interests in accordance with the law of an organization and system of safeguard.This article first from the enterprise legal adviser system concept, enterprise legal adviser system introduces basic contents such as content, trying to get people to enterprise<http://www.studa.net/Law/><http://www.studa.net/company/> law adviser system as a whole have a preliminary understanding.Beauty France second from the western developed countries the birth and development of the enterprise legal adviser system to explore, to dive into the origin and development of enterprise legal adviser system. In the process, to Europe and the United States many large enterprises in the enterprise management has implemented the enterprise legal adviser system. Enterprise legal adviser system in western developed countries enterprise operation and enterprise legal risk prevention and has played an important role in making important decisions, and found that the United States and France enterprise legal adviser system all have their own their own unique characteristics.Again through the analysis of the current our country enterprise legal adviser system, mainly about the present situation of our country state-owned enterprise legal adviser system on the basis of the analysis, and the law of the two countries advanced enterprise legal adviser system were analyzed. And analyze several questions:one is the enterprise legal advisor system in our country there is a legislative level is too low, the department in charge of miscellaneous, in their own way across industries, there is no unified national industry organization system; Second, in terms of working mechanism:existence state department and the enterprise leaders attaches great importance to the specific evaluation methods is not enough, lack of system;3it is right to exercise and relief aspects:enterprise’s general counsel, no independent status, businesses in has no enterprise’s general counsel, the right to exercise legal hierarchy and relief of specific provisions; Fourth, the overall quality of China’s enterprise legal adviser generally low;5it is state-owned enterprise legal advisers to mechanism is not flexible, the serious problem of brain drain; Six is the enterprise leaders failed to recognize the enterprise legal adviser’s relationship with external lawyers. Six aspects of the analysis above, is also the realistic problems of the enterprise legal adviser system in our country, these problems seriously affected the enterprise legal adviser system in our country (mainly refers to our country state-owned enterprise legal adviser system) and healthy development.Finally, in this paper, the method of the two countries in the western developed countries, on the basis of mature experience, analysis, and expounds the current problems existing in the state-owned enterprise legal adviser system, puts forward the methods and measures to solve the problem, after to look forward to promoting our country state-owned enterprise legal adviser system improvement. Achievements of European and American developed country, is to provide reference for building enterprise legal advisor system in our country, we must practice from its own national conditions, the established mechanism of state-owned enterprise legal adviser system suitable to China’s situation. In this paper, using the experience of foreign governments and enterprises, it is suggested that in the large enterprise in our country to establish and implement enterprise general counsel system, set up the general counsel appointed by the sponsors (sasac) model, establish a general counsel at the core of legal affairs longitudinal control mechanism, etc. Suggestions on legislation to ensure general counsel at the same time the right to participate in decision-making, dealing with legal affairs and legal remedies such as transaction, to further improve the system of our country state-owned enterprise legal adviser.