Research On The Legal Advisory System Of State-owned Enterprises In China

Legal counsel system has been in effect for years in china's state-owned enterprises, and some achievements have been made for it. "Measures for the administration of the legal counsel of the state owned enterprises" is a law which was issued by the state-owned asset supervision and Administration Commission in May 1 lth 2014, and it specifies the measures for the administration of the legal counsel of the state owned enterprises. The measures confirm house counsels are professional staff that are qualified for house counsel and working for corporate law affairs in enterprise. A parallel law is company lawyer system, and company lawyers have the qualification of company counsel that are working for corporate law affairs. Their difference is that their qualifications are not same, one is the qualification of the company lawyer and one is the qualification of house counsel.2014, the State Council cancelled the exam for licensure of legal counsel in enterprise, the aim is repositioning. The Third Plenum of the 18th claims that legal counsel system is built widely, the fourth claims that company can fit company lawyer. After the exam for licensure is cancelled in 2014, house counsel should be repositioned, the relationship of house counsel and company lawyer should be clarified.This paper is based on the chance of the thing that the state council cancels the enterprise legal counsel vocational qualifications permit, under the principle of enterprise self-government, and the paper repositions the house counsel. The system that general counsel is main and combines company lawyer and society lawyer is suggested to establish.This article has four parts. The first is about the policy change, the research status quo, writing purpose and methods of the legal counsel system. The second is about the summary of the legal counsel system. This part states relevant concept and history, and compares legal counsel system with involved system. It is necessary to clarify the relations about the three systems of legal counsel, company lawyer and lawyer. They have the same function in the enterprise, although they have different threshold, manage institution and self-discipline. The third is the study about the present research situation in west developed countries. Three experiments have been concluded, and it is useful to perfect the legal counsel system in our country. The fourth is the most important part. State-owned industries are also industries, according to autonomy principle and demand, state-owned industries can employ persons with legal knowledge to serve as legal counsel. Redefine the legal counsel from a broad sense, from this angle, house counsel includes staff with legal work, company lawyer and society lawyer from outside. Improve general counsel system further, establish company lawyer system gradually, compete the interactive mechanism of legal counsel and society lawyer in enterprise. Then on the base of these, improve the operation mode and working mechanism of legal counsel system in state-owned enterprise.