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Legal Risk Guarding Mechanism of U.S. and the Implications for China
Author: JiangBin
Tutor: XiaoPeng
School: Ocean University of China
Course: International Law
Keywords: Legal risks Risk prevention Risk Management United States
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 366
Quote: 1
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Abstract
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In the 1950s, risk management and corporate governance theory gradually formed in the United States and Europe. After 80 years of rapid development, but ignore the risk management enterprise have exposed some of the long-term latent, causing irreversible crisis, and eventually lead to bankruptcy and affect the development of the national economy. Such as the United Kingdom Bahrain bank failures resulting in the loss of one billion pounds; Enron financial scandal not only caused its bankruptcy, incidental to the collapse of Arthur Andersen accounting firm. These events to stimulate the development of the theory and practice of risk management, to accelerate the pace of the world of risk management legislation, also gave birth to the exploration of China's enterprise risk management. In 2006, the State-owned Assets Management Committee issued a central enterprise wide risk management guidelines indicates that China has a comprehensive risk management guidance documents. Therefore, choose one of the legal risk management to the learned legal knowledge as an object of study, the use of their theoretical and empirical analysis, and hope to build a legal risk prevention and management system in line with China's national conditions. The article first introduces the history of the U.S. corporate legal risk prevention system, background and main content of the American enterprise legal risk prevention system. The article is still the current context of the global financial crisis triggered by the U.S. subprime mortgage crisis, for our legal system of risk prevention reflect, and reflect on the conclusions apply to specific discussion below. Shortly thereafter, the paper mainly from the perspective of comparative analysis, starting from the development and current situation of the enterprise legal risk prevention system, combined with our practical experience of large, medium and small enterprises and research results on China to improve enterprise legal risk prevention system in detail analysis, such as the concept of risk management, technology, methods and means of covering the arrangements from the corporate governance structure, to the various business processes and operating at all levels. These are articles Chapter services, combined with our current enterprise legal risk prevention and management practices and the current legal environment, proposed to be dedicated, with a strong operational implementation details as soon as possible to develop and improve the relevant supporting systems to guide and regulate them on risk prevention and management of corporate law, and thus provide an institutional guarantee for China's enterprises, and even the whole the smooth development of the market economy.
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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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