Understanding of legal affairs work
I. Guiding ideology of legal affairs work
As a part of the company's back-office management, the company's legal affairs should serve the company's business development and make every effort to provide legal support for the company's business activities and remove legal obstacles. Legal personnel should not only know which behaviors are legal and which behaviors are illegal, but also make non-compliant and illegal behaviors as legal as possible, and report the legal risk points of related businesses in time for leaders to make decisions. Its guiding ideology should be based on? Sparse? , avoid? Blocking? .
Second, the ways and means of legal affairs work
Legal affairs should fully serve the company's business and all departments and branches of the company. First of all, we should pay attention to effective communication with business departments and branches, listen carefully to their ideas and intentions, and find ways to make legal improvements. Secondly, it is necessary to clarify the relevant legal issues from the perspective of business departments and branches. Only when the business departments and branches truly feel that the Legal Department is really considering them and have a real sense of security can they trust each other and truly become a cohesive team. Third, legal personnel should fully realize the importance of enterprise efficiency and maximize work efficiency on the premise of ensuring compliance.
Third, the style of legal affairs.
Legal work permeates all aspects of the company's business, which is not easy to be noticed, sometimes it is difficult to understand, and the effect will not be reflected immediately. This requires legal personnel to adhere to the work style of modesty, carefulness, patience and perseverance, that is, to consult business personnel modestly, be familiar with business background and processes, and not to make hasty legal judgments without covering the whole; Think carefully about the risks that may be faced in the business, seek the most suitable way to deal with them, and don't evade responsibility because of legal risks in the business; Explain the legal risks patiently, and inform the personnel of business departments and branches of the relevant legal risks, and shall not be arbitrary or hasty; Persistence, Excellence, and doing every little thing well.
Fourth, legal affairs personnel should constantly improve their professional level and working ability. What is the effect of legal work? It is people who play a decisive role. The professional level and working ability of legal personnel are the key factors affecting the success or failure of legal affairs. A qualified legal worker should not only have a solid legal professional foundation, but also be able to speak layman's words and be a layman. Moreover, we should deeply understand and be familiar with the company's business processes and links, pay attention to the integration of legal knowledge and company business knowledge, and constantly improve our practical work ability.
Responsibilities of legal affairs
In order to improve the management of enterprise legal affairs and promote the management of enterprises according to law, the enterprise legal affairs department is specially established to be fully responsible for managing the legal affairs of this enterprise and its subordinate enterprises (hereinafter referred to as enterprises). Specific responsibilities are as follows:
1. Participate in decision-making and provide legal feasibility, legitimacy analysis and legal risk analysis for enterprise management and decision-making.
Two. Dispute prevention 1. Assist the general managers of group enterprises and subordinate enterprises to establish and improve various rules and regulations, strengthen the management of departments prone to loopholes and corruption in this enterprise and subordinate enterprises, and gradually establish and improve the supervision and restraint mechanism.
2, participate in the negotiation of major economic activities of enterprises, put forward measures and legal advice to reduce or avoid legal risks.
3. Review, modify and countersign economic contracts and agreements, and assist and urge enterprises to perform major economic contracts and agreements.
Third, solve the legal problems that have occurred 1. Handle or entrust professional lawyers of law firms to handle litigation and non-litigation legal affairs such as litigation cases, economic arbitration cases and labor dispute arbitration cases handled by group enterprises and their subordinate enterprises.
2 to investigate and deal with serious violations of laws and regulations by employees of group enterprises and subordinate enterprises. With the approval of the general manager of the enterprise, employees suspected of serious violations of laws and regulations such as corruption and bribery, dereliction of duty and dereliction of duty are responsible for assisting the relevant judicial organs to investigate the corresponding legal responsibilities according to law.
3. Be responsible for clearing and recovering the major or complex creditor's rights and debts of the enterprise.
Four. Assist the functional departments of the enterprise to handle relevant legal affairs and review relevant legal documents 1. Assist the functional departments of enterprises to handle industrial and commercial affairs such as industrial and commercial registration, merger, division, merger, dissolution, liquidation and cancellation, notarization and mortgage, and review relevant legal documents.
2. Assist the functional departments of the enterprise to handle intellectual property management affairs such as trademarks and patents, and review relevant legal documents.
3. Assist the relevant functional departments of the enterprise to handle the credit investigation of the cooperative unit (customer), and issue statements, notices and other affairs.
4. Assist the securities financing departments of enterprises and external professional securities lawyers to handle legal affairs related to the listing of enterprises, and standardize the operation and management of listed enterprises according to law.
Five, collect, organize and keep the laws, regulations and policy documents related to enterprise management, and be responsible for the legal affairs file management of enterprises.
6. Maintain communication with judicial organs and relevant government departments to create a good judicial environment for enterprises.
Seven, to assist the group enterprises and their subordinate enterprises to carry out relevant legal publicity, education and training.
Eight, handle other affairs assigned by the general manager of the group enterprise.
Legal affairs work requirements
First, general legal affairs, including answering legal advice, consulting legal materials, drafting legal affairs documents such as litigation, defense, application for legal affairs, sorting out and collecting litigation evidence, handling legal affairs such as signing and delivering in the process of litigation. This is the simplest and most basic legal affairs, which should be done by ordinary legal professionals.
Second, handling legal affairs on behalf of the enterprise, such as consulting and negotiating, mediating disputes, recovering debts, litigation or arbitration, drafting or reviewing economic contracts and legal documents, etc., which are the most important legal affairs of the enterprise and should be handled by general lawyers or legal professionals with certain work experience;
The third is to participate in enterprise management activities, find and prevent legal disputes in time, avoid or resolve possible legal disputes, respond to and deal with unexpected events in enterprises, and escort the smooth development of enterprises. Such as providing legal advice on relevant legal issues in enterprise management; Participate in the drafting, revision and review of articles of association, important rules and regulations and important legal affairs documents in production and operation; Guide and assist enterprise contract management and participate in the negotiation and drafting of major contracts of enterprises; Conduct legal knowledge training for enterprise leaders and employees to improve their legal awareness. This is a higher-level enterprise legal affairs work, which is beyond the reach of ordinary lawyers and legal professionals. Only those lawyers or legal professionals with certain business and legal experience can be competent for this job;
The fourth is to assist business leaders to correctly implement national laws and regulations, participate in the planning and operation of major business decisions, give legal opinions on major business decisions, and make suggestions and solve problems for business decision makers. If you want to join the collection, how to determine the litigation request, whether to agree to mediation, how to legally operate major decisions, how to achieve the purpose of the enterprise without breaking the law and so on. This is the highest realm of enterprise legal affairs, and only those lawyers or legal professionals with rich social experience and legal work experience, as well as considerable enterprise management experience and theoretical level can be competent.
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