Nowadays, as an vital modern business activities support, contract play the partof increasingly significant role during the daily life of enterprise management, underthe condition of economic globalization and maturing of our country’s marketeconomic. There’s a proverb from the west country:“half and more of the treasurelies on contracts”, which reflects the significant of contract. In this paper, we analysisthe contract law risk of refined oil retail enterprises under the positivism method,based on contract management, risk management and theoretical research of law risk.Thereafter, by making summary of precaution measures, law risk recognition andprecaution, contrast the existing enterprise law risk management, to establishprecaution system of contract law risk in favor of long term development ofbusinesses.The contract management risk in this paper include positive deviation(earnings)and negative deviation(loss), which come into being by the deviation between thegoal of contract management and the uncertainty of contract decision making or theobjective situation. The very definition of contract risk management is not aimed atone particular risk but an abstract comprehensive management risk. The contract lawrisk could occur in the phases of contract preparation, formation of contract, comeinto effect, performing, alteration, and non-normal termination, as well as losspossibility during relief phase, when concerning the law risk existing phases. Takingfurther research of our country’s business contract risk management, we find thefollowing problems: poor legal awareness, concept of precaution plain, value thestatic management but oversight dynamic management, old-fashioned and weakcontract management.From the perspective of a refined oil retail enterprise law worker, in this paper,we start from the probability law risk existing in the phase of contract formation andperform, scanning possible contract risk from every phase. For example, taking deepinvestigation of credit information, contract clauses, delivery and clearing as well ascargo checkup and acceptance, storage risk, etc. Thereby, making reasonable suggestions for risk precaution, combined the existing legal provision, enterprisepractical and risk cases.By analysis and comparision of our country’s existing business contract law riskprecaution, we could conclude with a particular law risk precaution system in favor oflong term development of businesses. First, training staffs differentially, we coulddivide staffs into high level managers, professional business lawyers and commonstaffs, then taking different training intensity accordingly. Then, concerning thesignificant of establishing risk precaution system, the author of this paper suggestthrough three aspects to improve the contract management system: responsibility ofsponsor with the supervise of business law sector, enforce whole life contractmanagement, adopt strict contract examine and verdict. Finally, it further illustratebusiness contract risk management informationize as the inevitable trend of contractmanagement, by summing up the advantage and value of contract informationize. |