Study On Chinese State-owned Enterprise Legal Counsel System

The development of legal counsel system in our state-owned enterprises has experienced these stages of establishment, restore, improve and development. This paper focus on the following issues when state-owned enterprise legal counsel system is running.First, setting of the legal affairs agencies, should adhere to the principle of combining Mandatory with voluntary. Large state-owned enterprises should set up specialized legal affairs agencies, the small and medium-sized enterprise according to its own business needs to decide whether to set the agencies. Currently, the running effect of general Counsel system is still not ideal, many enterprises have not establish.Second, personnel selection. should pay attention to the qualifications, selection procedures and decision-making body etc.. Enterprise legal counsel qualification exam although has play a role in a certain period of time, now it has lost the value of existence, should according to the new rule to abolish it.General legal counsel is different from the ordinary legal counsel in the qualification Requirements. the former should not only has the legal profession qualification and legal work experience, should also have rich experience of enterprise management, the latter should has legal profession qualification. In the selection procedure, the general counsel is electived by enterprise according to Senior leadership selection procedure.other legal counsel Apply to the Ordinary staff selection procedure.Third, function positioning. The functions of Enterprise legal affairs agencies mainly include the three aspects:one is to provide legal advice in determining the internal mechanism and basic management system; two is the evaluation the legal risk of the Major business decisions,then Offer suggests; three is responsible for drafting and and reviewing contract; four is to deal with the litigation or arbitration service of company related.Fourth, the operating mechanism. The general counsel has the right to leader the legal affairs agencies, other departments should cooperate him; the manager of enterprise legal affairs agencies should attend the company important meeting and provide legal consultation, enterprise important files should be signed legal advice by legal counsel before the before the files Finalized. Legal course should handle properly the relationship between the lawyer and legal counsel.Fifth, incentive mechanism. In order to make the general counsel to perform their duties well, suggested that appoint the general counsel as the Enterprise senior manager; when the enterprise legal counsel was proposed as the litigation agent or arbitration agents, the enterprises should be given appropriate remuneration.Sixth, supervision mechanism. The enterprise board of directors and the general manager have the right to supervise the general counsel, general counsel have the right to supervise the subordinates legal counsel; if it is not set a general counsel, board of directors and the general manager shall have the right to supervise the manager of legal affairs agencies if the enterprise legal counsel was in dereliction of duty, he would bear the corresponding legal responsibility.