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美国作业代写:Corporate Legal risk

2017-09-22 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- Corporate Legal risk,供大家参考学习,这篇论文讨论了企业法律风险。企业法律风险,是指由于企业外部法律环境发生变化,或由于包括企业自身在内的法律主体未按照法律规定或合同约定有效行使权利、履行义务,而对企业造成负面法律后果的可能性。对于法律风险,我们必须要熟悉它的特征,针对法律风险管理的不足,采取针对性的措施,实现法律风险的有效管理和控制。

Legal risk,企业法律风险,assignment代写,paper代写,留学生作业代写

In today's society, enterprises in the search for all-round development in the process of facing a variety of risks. Legal risk is a stubborn disease in the process of enterprise development, which has a great negative impact on enterprises. Enterprises should pay attention to the effective control of legal risks and provide a healthy and orderly environment for their own development. Therefore, the enterprise legal risk prevention and control has become an important issue in the development of enterprises. Starting from the characteristics of legal risk, this paper analyzes the general situation of the current enterprise management and the current situation of the risk, then expounds the basic principles and the control procedure of the legal risk prevention, finally puts forward the effective measures of the legal risk controlling, expecting to play a certain positive role to the enterprise legal risk control.

The legal risk of enterprise refers to the possibility of negative legal consequences for enterprises because of the change of the external legal environment of the enterprise, or because the legal subjects including the enterprises themselves do not exercise the rights and fulfill their obligations in accordance with the law or the contract stipulations. Familiar with and accurate analysis of the characteristics of legal risk, in order to address the lack of legal risk management, targeted measures to achieve the effective management and control of legal risks.

Legal risk is a special type of operational risk that is caused by imperfect or ineffective internal procedures, personnel and systems, or external events.

Legal risk is embodied in various business activities of Chinese enterprises, and it is a common risk. Therefore, according to this characteristic, the enterprise's regulation of legal risk should be independent of the supervision of other risks.

The effect of legal risk is that the enterprise undertakes the corresponding legal liability, which mainly includes civil liability, administrative responsibility and criminal responsibility.

The legal risks faced by enterprises are closely related to other risks. Legal risk and other risks belong to the objective existence in the process of enterprise management, it is not isolated, always at some stage and other risks occur some link.

At present, enterprises face various legal risks in the course of development. However, the situation of the rule of law in enterprises is indeed worrying, and it will also produce a variety of operational risks, affecting the healthy and orderly development of enterprises.

First of all, many enterprises in our country have not yet established a sound legal risk management institutions, there is no special office space, the relevant work is handled by the Office, the Rules and regulations and the development situation of enterprises are not suitable, appear to lag behind, long-term work mechanism has not yet formed.

Secondly, many enterprises in the legal risk management work, the lack of legal professionals, on the contrary, most of the staff is part-time in the enterprise, its legal risk management experience is limited, business quality is low, transaction processing capacity is weak.

First, many enterprises before signing the contract, failure or neglect of the other side of the economic strength, performance and credibility of the necessary verification, or although the examination of these aspects, but after the signing of the contract failed to carry out sustained attention, unable to grasp the other side of the asset reputation changes, virtually added the possibility of legal risk.

Secondly, sometimes it is necessary to use the contract text of the other party, the wording, terms and format of the text are unfamiliar and unfavorable to the enterprise. Some enterprises can not be the other side of the contract text format and content of detailed analysis and grasp the phenomenon, resulting in the signing of the contract against the enterprise.

Third, most enterprises contract managers have no systematic study of relevant laws, especially the contract laws and regulations. In this way, often make the work of enterprises in a long-term passive situation, easy to trigger the legal risk of enterprises, resulting in corporate reputation and the decline of corporate image.

The healthy development of enterprises can not be separated from the leadership and staff excellent ideological and political quality. However, many enterprises have no overall sense of leadership, blindly think that the control of legal risk should belong to the relevant departments of responsibility category, and from the overall situation of the enterprise's legal risks to grasp and understand the overall.

The control of enterprise legal risk requires the joint efforts and active participation of all the enterprises, of course, the legal risk control needs strong measures so as to better prevent and control the legal risk and create a good legal environment for the healthy development of the enterprise.

At present, our country enterprise cannot carry on the accurate and feasible supervision and management to the legal risk, the reason lies in the lack of the perfect management organization of most enterprises in our country, which inevitably leads to the vicious circle that the working efficiency is low and the work effect is not obvious in the process of legal risk management.

Legal risk management relies on sound procedures and procedures. The perfect procedure and the procedure are advantageous to the management method practical implementation, the effective effect.

Corporate legal Adviser is a dynamic monitoring instrument for enterprise law risk. Therefore, it is necessary to establish and strengthen the feasibility of the legal advisor system in order to realize the effective examination of the enterprise law risk. Through the implementation of this system, it can enrich the legal management team, clarify the responsibility of the legal adviser, save time Resources and improve the work efficiency.

Various institutional mechanisms and decision-making of enterprises need to be carried out by people. Therefore, enterprises should pay attention to the importance of ideological attention to work. Enterprise leaders should firmly establish the overall situation awareness, give full play to the role of exemplary, drive staff to establish a sense of responsibility, correct the attitude of employees, inspire staff enthusiasm for work.

In a word, the enterprise legal risk is the enterprise problem that cannot be neglected. Enterprises must deeply analyze the status of their legal environment, and pay attention to the timely detection of legal risks and effective control, for their future development to make scientific planning, to achieve long-term coordinated development.

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