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Study on the Constrction of the Enterprises Legal Profession System in China

Author: ZhangJingMin
Tutor: HuangWenYi
School: Jilin University
Course: Legal Theory
Keywords: Corporate legal career system Company lawyers Corporate Counsel
CLC: D926.5
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract


In recent years, with China's rapid socio-economic development and the strengthening of the trend of global economic integration, the legal risks faced by Chinese enterprises is growing, especially after joining the WTO, the economic exchanges between China and other countries have become increasingly frequent. This put a higher demand on the Chinese enterprises to operate in compliance with the law and legal decision-making, corporate legal career system It is in this context that emerged. From occupational current situation of China's corporate law, there are two systems forms: First, the company lawyer system; Corporate Counsel system. There is also a very common form of system, society lawyer individual corporate counsel, strictly speaking, this form is only part of a system of corporate counsel or form a. Needless to say, the system of corporate law career as an important part of the modern enterprise system in China, to prevent and withstand the legal risks play a pivotal role, has increasingly become an important force for China's enterprises to enhance their own competitiveness. From this perspective, any of our existing corporate law career system undoubtedly have the reasonableness and necessity of its existence. However, due to our lack of systematic research and rational system of corporate law career to think about the legal services market competition and management mechanisms are not up to standard, and administrative reform in China imperfect reason, the cause of China's corporate law career system in the development process, also some of the situation can not be ignored: the coexistence of the two systems, subject to the constraints of the different rules and regulations, respectively, by the judicial and administrative authorities and the SASAC supervision, China's corporate law career system management is very confusing; different access conditions, caused by two different professionalism corporate legal services staff, leading a team of corporate legal services develop in different ways, at the same time, company lawyers and corporate counsel facing two qualifications identity obstacles, enterprises in the two administrative departments, two The front of the kinds of systems and regulations also seem to know what to do. Therefore, the relevant departments to standardize the system of corporate law career to become a very urgent task. , Academics and practitioners on the progress and improvement of the system of corporate legal career has made a positive and meaningful exploration, but due to a number of reasons, these efforts have not yet attracted the attention of the relevant authorities. In this paper, a method of comparative and historical research, from the status quo of our two enterprise legal profession regimes proposed the existence of the problem of China's corporate law career system: two access threshold, leading to the development of corporate legal services team is good and bad; two systems provisions conflicting conflict, allowing companies to know what to do; two regulatory authorities, causing confusion in the management. Profound analysis of these three reasons, pointed out that the lack of systematic research and rational planning of corporate law career system; legal services market and management are not standardized; fragmentation of political rights in China is leading to the status quo of China's corporate law legal career system the main reason. The papers formed by the legal system of the foreign enterprises, the development and characteristics of the analysis, to draw enlightenment reconstruct our corporate legal career system that our country at this stage, in case unlikely to significantly cancel any kind of system, by corporate need according to their own interests, free to choose the form of corporate legal services setting, but for the degree of long-term development of China's corporate law career, when the time comes, it should be to achieve the unification of the two systems, in view of the development of company law regime in the country has been relatively mature, So when the time comes, you should cancel the corporate legal advisory system, establish and improve the company lawyer system.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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