The Study Of The Transformation On Enterprise Legal Adviser System In Our Country

Enterprise legal adviser system is a series of institutions, which shall be utilized to stipulate corporate counsels’ relevant rights,obligations and responsibility,embracing relative certified qualification, practice institutions and industry associations as well as general law consultant system. Among them, relative certified qualification, practice institutions, industry associations and general law consultant system as well as relevant rights, obligations and responsibility are its measures,stipulating the behavior of corporate counsels together with realizing rule of law in enterprise are its solitary aim. In economically developed countries, the system has been pervading though large-scale enterprises. The system exists for the purpose of enterprises’ operation, strategic decision and management in accordance with law as well as setting up internal supervision and risk prevention mechanism and enhancing core competitiveness, which is also a critical segment in national rule-of-law economy.The system in our country germinated in 1950 s, original intention thereof is to achieve the quality and added value of the state-owned assets through stipulating the behavior of stated-owned and state holding enterprises. After the Third Plenary Session of the 11 th Central Committee, as the deepening and development of the market economy in our country, large private enterprises boom and expand rapidly.After joining WTO in 2001, our country commence stepping into the torrentof global economy, trans-national actions and the international economic activities could hardly be avoided. As the enhanced development of market and global economy,the existence of ‘the duel economy’ extracts the realistic value of the system,nevertheless, issues in it are as follows: on a macro level, its law is of the low level and its competent departments are chaotic; on the medium level, the system is lack of nationwide industry association; on the medium-micro level, its legal affair agent layout is lack of scientific rationality; all circumstances mentioned above are bad for the development and growth of enterprises in the environment of ‘duel economic’. Therefore, it is essential to analyze the advantage and disadvantage lying in the system.The thesis uses an entry point that the State Council announced to cancel a group of professional qualification examination(including the ‘enterprise legal adviser’examination). Whether the system itself should be banned is the first question that shall be answered. In accordance with the relevant meeting hold and the policy of legal documents issued coupled with its value, the answer of its survival is necessary.Then the designation of its rules of law be discussed as follows: Formally, certified qualification is of its first importance, in combination with practical experiences in China and the USA, the author tries to device the content of its rights, obligations and responsibilities. The author hereby wants to draw lessons from the company lawyer practice experience both in China and the USA,and then expand to the rest three levels, respectively devise their rules of law in order to realize the transformation of the system.The thesis shall be divided into four chapters, in the first chapter, familiarity with the conception of "legal adviser" and "enterprise legal adviser system" is essential; In the second chapter, there is a introduction to our country enterprise legal adviser system in its historical process, in order to achieve the overall understanding of enterprise legal adviser system of our country and to review the history of enterprise legal adviser in China, in the analysis of the advantages and disadvantages of the enterprise legal adviser system in our country, rational knowledge of our country enterprise legal adviser system shall be achieved; In the third chapter, through thetransverse profile of the enterprise legal adviser system in the USA, through the analysis and summarizing of its development situation and characteristics of its different periods, which is undoubtedly helpful for the healthy and development of legal system in our country; The last chapter specifically discusses the restoration and prospects of the enterprise legal adviser system in our country, mainly respectively from four angles to illustrate as following: macro, medium, medium-micro and micro.