论国有企业法律风险防范机制的构建
发布时间：2018-12-31 14:09
【摘要】：随着企业所处内外环境的日趋复杂,有效防范企业法律风险,是企业参与市场竞争的客观需要,是构建法治社会的重要组成部分。企业根据法律风险可控可防的特点,建立对法律风险进行识别、评估、控制与化解的系统,以及相应行之有效的避免经济损失或者其他风险的制度体系和管理方法,是法学与管理学的有机结合。在当今世界,国际国内市场竞争空前激烈,企业面临的法律风险越来越多,而很多法律风险可能影响到企业的存亡。企业要在参与市场竞争中取得优势,必须有效防范企业法律风险,最大限度地减少和控制损失的发生,需要特定的法律风险防范机制来保障企业持续稳定发展。本文选取国有企业法律风险防范机制的构建作为研究课题,结合实际工作经验和国有企业莱钢集团的成功实践,对企业法律风险防范机制构建的课题进行分析,认为构建企业法律风险防范机制是有效控制法律风险的重要途径,提出了法律风险防控机制的建立和完善方法。全文共三万余字,除引言和结语部分外,包括三个部分,主要内容如下： 引言部分,主要阐述了国有企业法律风险防范机制构建的基本背景。 第一部分,论述了如何认识企业法律风险及法律风险防范机制,从分析企业法律风险的基本概念入手,阐释了企业法律风险的特征、法律风险的分类、法律风险的成因以及企业法律风险防范机制的基本内涵、总体目标和基本特征。 第二部分,分析了国有企业法律风险防范机制构建的理论依据和必要性,指出了当前国有企业法律风险防范存在的主要问题、国有企业建立法律风险防范机制的理论依据,并着重分析了国有企业法律风险防范机制构建的必要性。 第三部分,主要以国有企业莱钢集团为例,介绍了国有企业法律风险防范机制建立和完善的基本方法,首先阐述了构建国有企业法律风险防控机制的基本原则,然后从培养国有企业主要领导人和企业员工的法律风险意识、确立总法律顾问在法律风险控制中的核心作用、健全企业法律风险防范制度、完善法律风险防范目标、组织、策略体系、建立法律风险防控管理工作流程,加强重要环节和重点领域的法律风险防控等方面,提出了企业构建法律风险防范机制的初步设想。 结语部分,指出了加强对企业法律风险防范机制系统构建,防止法律风险的实际发生,是法学和管理学的交叉课题,国有企业通过构建企业法律风险防控机制,可以彰显法律风险防控的价值创造能力,提升企业综合竞争实力。 本文通过对构建国有企业法律风险防范机制的分析与研究,开拓了企业建立法律风险防范机制的思路,对于我国企业尤其是国有企业提升法律风险防控水平,维护企业合法权益,积极应对国内外市场竞争具有较强的理论和现实指导意义。
[Abstract]:With the increasing complexity of the internal and external environment, it is an objective need for enterprises to participate in market competition and an important part of building a society ruled by law to effectively prevent the legal risks of enterprises. In accordance with the controllable and preventable characteristics of legal risks, the enterprise shall establish a system for identifying, evaluating, controlling and resolving legal risks, as well as corresponding and effective system systems and management methods for avoiding economic losses or other risks, It is an organic combination of law and management. In today's world, the international and domestic market competition is unprecedented fierce, the enterprise faces more and more legal risks, and many legal risks may affect the survival of the enterprise. In order to gain advantages in participating in market competition, enterprises must effectively guard against the legal risks of enterprises, minimize and control the occurrence of losses to the maximum extent, and need special legal risk prevention mechanisms to ensure the sustained and stable development of enterprises. This paper selects the construction of the legal risk prevention mechanism of the state-owned enterprises as the research subject, combining with the actual working experience and the successful practice of the state-owned enterprise Laigang Group, analyzes the subject of the construction of the legal risk prevention mechanism of the enterprise. It is considered that constructing the legal risk prevention mechanism is an important way to effectively control the legal risk, and the establishment and perfection method of the legal risk prevention and control mechanism are put forward. In addition to the introduction and conclusion, the paper includes three parts. The main contents are as follows: introduction, mainly expounds the basic background of the construction of legal risk prevention mechanism of state-owned enterprises. In the first part, the author discusses how to understand the legal risk of enterprise and how to prevent the legal risk, starting with the analysis of the basic concept of the legal risk of the enterprise, explains the characteristics of the legal risk of the enterprise, the classification of the legal risk, The cause of formation of legal risk and the basic connotation, general goal and basic characteristics of legal risk prevention mechanism of enterprise. In the second part, the author analyzes the theoretical basis and necessity of constructing the legal risk prevention mechanism of state-owned enterprises, points out the main problems existing in the legal risk prevention of state-owned enterprises, and points out the theoretical basis for the establishment of legal risk prevention mechanism in state-owned enterprises. The necessity of constructing legal risk prevention mechanism of state-owned enterprises is analyzed emphatically. The third part mainly takes the state-owned enterprise Laigang Group as an example, introduces the basic method of establishing and perfecting the legal risk prevention mechanism of the state-owned enterprise, first expounds the basic principle of constructing the legal risk prevention and control mechanism of the state-owned enterprise. Then, from cultivating the legal risk consciousness of the main leaders and employees of the state-owned enterprises, establishing the core role of the general legal adviser in the legal risk control, perfecting the legal risk prevention system of the enterprise, perfecting the legal risk prevention target, organizing, Based on the strategic system, the establishment of the work flow of legal risk prevention and control, and the strengthening of legal risk prevention and control in important links and key areas, this paper puts forward a tentative plan for the construction of legal risk prevention mechanism in enterprises. In the conclusion part, it is pointed out that strengthening the systematic construction of legal risk prevention mechanism to prevent the actual occurrence of legal risk is a cross subject of law and management. It can highlight the value creation ability of legal risk prevention and control and enhance the comprehensive competitive strength of enterprises. Based on the analysis and research of the legal risk prevention mechanism of the state-owned enterprises, this paper develops the idea of establishing the legal risk prevention mechanism for the enterprises in our country, especially for the state-owned enterprises, and promotes the level of legal risk prevention and control. It is of great theoretical and practical significance to protect the legitimate rights and interests of enterprises and actively respond to the market competition at home and abroad.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：F276.1;D920.4
本文编号：2396691
[Abstract]:With the increasing complexity of the internal and external environment, it is an objective need for enterprises to participate in market competition and an important part of building a society ruled by law to effectively prevent the legal risks of enterprises. In accordance with the controllable and preventable characteristics of legal risks, the enterprise shall establish a system for identifying, evaluating, controlling and resolving legal risks, as well as corresponding and effective system systems and management methods for avoiding economic losses or other risks, It is an organic combination of law and management. In today's world, the international and domestic market competition is unprecedented fierce, the enterprise faces more and more legal risks, and many legal risks may affect the survival of the enterprise. In order to gain advantages in participating in market competition, enterprises must effectively guard against the legal risks of enterprises, minimize and control the occurrence of losses to the maximum extent, and need special legal risk prevention mechanisms to ensure the sustained and stable development of enterprises. This paper selects the construction of the legal risk prevention mechanism of the state-owned enterprises as the research subject, combining with the actual working experience and the successful practice of the state-owned enterprise Laigang Group, analyzes the subject of the construction of the legal risk prevention mechanism of the enterprise. It is considered that constructing the legal risk prevention mechanism is an important way to effectively control the legal risk, and the establishment and perfection method of the legal risk prevention and control mechanism are put forward. In addition to the introduction and conclusion, the paper includes three parts. The main contents are as follows: introduction, mainly expounds the basic background of the construction of legal risk prevention mechanism of state-owned enterprises. In the first part, the author discusses how to understand the legal risk of enterprise and how to prevent the legal risk, starting with the analysis of the basic concept of the legal risk of the enterprise, explains the characteristics of the legal risk of the enterprise, the classification of the legal risk, The cause of formation of legal risk and the basic connotation, general goal and basic characteristics of legal risk prevention mechanism of enterprise. In the second part, the author analyzes the theoretical basis and necessity of constructing the legal risk prevention mechanism of state-owned enterprises, points out the main problems existing in the legal risk prevention of state-owned enterprises, and points out the theoretical basis for the establishment of legal risk prevention mechanism in state-owned enterprises. The necessity of constructing legal risk prevention mechanism of state-owned enterprises is analyzed emphatically. The third part mainly takes the state-owned enterprise Laigang Group as an example, introduces the basic method of establishing and perfecting the legal risk prevention mechanism of the state-owned enterprise, first expounds the basic principle of constructing the legal risk prevention and control mechanism of the state-owned enterprise. Then, from cultivating the legal risk consciousness of the main leaders and employees of the state-owned enterprises, establishing the core role of the general legal adviser in the legal risk control, perfecting the legal risk prevention system of the enterprise, perfecting the legal risk prevention target, organizing, Based on the strategic system, the establishment of the work flow of legal risk prevention and control, and the strengthening of legal risk prevention and control in important links and key areas, this paper puts forward a tentative plan for the construction of legal risk prevention mechanism in enterprises. In the conclusion part, it is pointed out that strengthening the systematic construction of legal risk prevention mechanism to prevent the actual occurrence of legal risk is a cross subject of law and management. It can highlight the value creation ability of legal risk prevention and control and enhance the comprehensive competitive strength of enterprises. Based on the analysis and research of the legal risk prevention mechanism of the state-owned enterprises, this paper develops the idea of establishing the legal risk prevention mechanism for the enterprises in our country, especially for the state-owned enterprises, and promotes the level of legal risk prevention and control. It is of great theoretical and practical significance to protect the legitimate rights and interests of enterprises and actively respond to the market competition at home and abroad.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：F276.1;D920.4
【引证文献】
相关硕士学位论文 前1条
1 吴晓兵;国有远洋运输企业用工法律风险防控研究[D];大连海事大学;2013年
，本文编号：2396691
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