Briefly discuss the problems and countermeasures in the practice of enterprise legal adviser

Briefly discuss the problems and countermeasures in the practice of corporate legal counsel

Introduction: legal counsel work is a lawyer's work in a legal counsel work is an important business content of lawyers' work. I came to talk about the problems and countermeasures in the practice of corporate legal counsel, I hope it will help you.

Abstract With the rapid development of the economy, the competition between enterprises is becoming more and more intense. The role of legal counsel in practice in the enterprise plays a vital role in the development of the enterprise. In this paper, we will analyze the current situation of the problems in the practice of enterprise legal adviser, the need to improve the enterprise legal adviser system, and the countermeasures of the problems arising from the practice of enterprise legal adviser and other aspects.

Keywords enterprise; legal counsel; problems; countermeasures

I. Introduction

Due to the continuous growth of modern enterprises, the role played by the legal adviser in practice has attracted the attention of business managers. Although enterprises have solved some of the problems encountered by legal advisers in practice, however, there are still some problems and deficiencies in the actual work need to be improved. In the construction of a harmonious socialist society in the new period, to further strengthen the legal adviser in practice, the legal adviser work to a new level, is the healthy development of enterprises can not wait.

Second, the current situation of the problems in the practice of enterprise legal advisers

1, the function to play. State Economic and Trade Commission, "enterprise legal adviser management approach" in the provisions of the enterprise legal affairs organizations to perform 11 duties. In fact, a large part of the enterprise's legal adviser to fulfill the duties of roughly only three: with the relevant departments of the enterprise to carry out publicity and education on the legal system for employees; litigation and non-litigation activities on behalf of the enterprise; to carry out the production and operation of the enterprise related to legal advice.

2, personnel organization. At present, some enterprises are not sound legal affairs organizations, professionals, especially the lack of high-quality legal workers. Institutions and personnel is only a carrier, the function is the kernel. If the enterprise legal adviser can not play out their due function for a long time, it is impossible to cultivate a high-quality enterprise legal adviser team.

3, name status. Enterprise legal adviser practice" in particular: because the enterprise legal adviser title? Counselor? The word, it is easy to make people misunderstand the enterprise legal adviser is only a consulting, service role, and ignore its management functions. In practice, most of the enterprise legal adviser really become? Gu on the question, Gu can not be asked not to ask? The dispensable role. Most of the enterprise legal affairs organizations are engaged in indirect service work, and did not participate in direct management, is still only a marginal department of the enterprise.

Third, improve the enterprise legal adviser system is necessary for the development of enterprises

The market economy is the rule of law economy, the enterprise is the main body of the market economy, when the enterprise is facing the legal risk with the intensification of market competition and the size of the enterprise! The expansion of the transaction scale and constantly amplified, the legal risk prevention and control, optimize the concept of prevention and control, process, and the prevention and control of behavior penetration in the management of the enterprise is necessary to face and think about the problem. Construct a comprehensive legal risk management system, continue to innovate and constantly improve legal risk management. Countermeasures for problems in the practice of corporate legal counselor, should become a cross-century issue of enterprise development.

1, conducive to enterprises in the market operation to actively guard against legal risks

In the market diversification of the objective environment and the subjective requirements of profit maximization, enterprises will make use of a variety of favorable conditions in pursuit of interests, but due to the differences in subjective understanding and the objective development of the imbalance of the enterprise in the pursuit of interests there is bound to be a legal risk, which requires the enterprise in the operation and decision-making ? Saving for a rainy day?

2, is conducive to the healthy development of China's modern enterprise system

In 1993, the Third Plenary Session of the 14th Party Central Committee clearly put forward the establishment of? Clear property rights, clear responsibilities and powers, separation of government and enterprises, scientific management? The modern enterprise system. As an integral part of the modern enterprise system, the enterprise legal adviser system can regulate the organization and behavior of enterprises, actively prevent risks and reduce losses, to achieve fair and orderly market competition, as well as with international practice, so that the enterprise management towards standardization and legalization of the direction of development.

3, conducive to the diversification of China's legal services industry, hierarchical, benign development

The current market of the legal services industry lacks a reasonable regulatory system and mechanism. On the one hand, on the whole, its development is mainly embodied in the lawyer litigation service industry as the dominant mechanism, the development of other legal services, the responsibility and power is unclear, the market is chaotic; On the other hand, as the enterprise, due to the lack of system constraints and norms, the enterprise's short-sightedness makes it risk prevention awareness is limited to the risk of the occurrence of lawyers, can not meet the need for the development of modern enterprise system. The perfect modern enterprise legal adviser system can not only change the legal service industry to litigation-based single market, but also can change the legal service payment is higher, the service object and the market is not stable as well as small and medium-sized enterprises are reluctant or passive acceptance of the status quo of legal services. Enterprise legal adviser system diversification, hierarchical and benign development of China's legal services industry to play a positive role in promoting the development.

Four, enterprise legal adviser practice problems arising from the countermeasures

1, vigorously publicize the great significance and role of the legal adviser

Legal adviser work is a lawyer's work in the work of a legal adviser is a lawyer's work is an important business content. Strengthen the work of the legal adviser is the need for reform and opening up, is the establishment and development of socialist market economy, is the need for enterprise management is indispensable link. The legal adviser in promoting the legalization of enterprise management work, safeguard the legitimate rights and interests of enterprises, improve the business quality of enterprise personnel and stabilize the internal order of enterprises has an irreplaceable role. These, not all business leaders can recognize, therefore, it is necessary to widely publicize the importance of legal adviser through a variety of channels and ways, the necessity; consultant lawyers should also be excellent work, quality service, show the positive role of legal adviser, so that the majority of enterprises in charge of the legal adviser to have a comprehensive and correct understanding and awareness, in order to enhance the concept of the rule of law, and to promote the development of the work of the legal adviser.

2, carry forward the spirit of entrepreneurship, and constantly broaden the field of legal services

Legal adviser work from scratch, from small to large, is the result of the hard work of the majority of lawyers. To further broaden the field of legal services, the legal adviser to continue to move forward, still need to carry forward the proactive, hardworking entrepreneurial spirit. In the current legal market competition is very fierce situation, maintain and carry forward the entrepreneurial spirit is particularly important.

3, to further improve the level of service

First of all, to establish a wholeheartedly for the enterprise service thinking, and constantly enhance the sense of responsibility. To think about what enterprises think, anxious enterprises anxious, according to the law to protect the legitimate rights and interests of enterprises. Secondly, in the original work on the basis of the gradual realization of the two changes, that is, from the fire type to preventive change and from the alternative type to point to the change of different types, and finally to the advisory decision-making type, the level of legal services to a higher level of legal advisers.

4, deepen the lawyer system reform, optimize the competitive environment

In order to meet the international standards, approved by the State Council, the Minister of Justice Jinshi work reform program Lao clearly stipulates that the implementation of the judicial administrative organs and lawyers associations of the combination of industry management of the lawyer's management system and gradually to the judicial administrative organs of the macro-administration of the lawyers associations under the management of the industry management of the transition, which is to promote the lawyer's career This is the premise and driving force for the further development of the cause of lawyers. Between the legal adviser should promote legitimate competition, against unfair competition, because unfair competition has great destructive.

5, the old with the new, the old and the new

Passing on the good tradition of the party is one of the lawyers in the profession in the past, to promote the healthy growth of young lawyers a useful practice. The old masters of the light, experienced, new lawyers keen thinking, accept new things fast, and energetic, old and new combination, can do to complement each other's strengths.

Fifth, the concluding remarks

Through the analysis of the role of enterprise legal adviser in practice, to further clarify the role of legal adviser labor in the development of enterprises. Therefore, in the subsequent development of enterprises, we should continue to improve the ability to solve the problems encountered by the legal adviser in practice, and strengthen the countermeasures program for the problems of the enterprise legal adviser in practice, to ensure the rapid growth of enterprises.

References

[1]Wang Zhigang actively promote the construction of China's enterprise legal adviser system Leading Friends 2002

[2]Shuai Yonghuai improve the enterprise legal adviser system to avoid business risks Times Finance 2006

[3]Zhou Yanwu China's state-owned enterprises General Counsel System Analysis of Social Scientist 2005

[4]Cui Ling analyze enterprise legal risk prevention and control mechanism modern economic information 2010

;