Enterprise contract management refers to a series of behaviors such as conclusion, performance, alteration, rescission, transfer, termination, review, supervision and control of a contract with itself as a party, which is the external manifestation of market economy. Modern enterprises realize equal restrictions and rights in the market through contract management, thus creating a fair environment for the parties. Under the condition of market economy, the operation of the market needs contracts. The contract law stipulates that there are three forms of contract: oral form, written form and other forms. The market operates through contracts, and all parties in the market rely on contracts to fulfill their rights and obligations. The establishment of a contract must be based on the market. Contract is the product of the market and the driving force for its sustainable development. Contract comes from the early stage of contract management, and it is often highly valued at this stage. Once the contract is signed and the construction task is in hand, the contract will be shelved or even forgotten. The contract performance process is a process of realizing rights and obligations, but only regarded as a production process, returning to the old concept of planned economy. Therefore, most of the problems in contract management appear in the middle and late stage of performance. But this does not mean that there is no problem in the early stage. Most of the problems in the early stage are too hasty because they are eager to sign the contract.

Therefore, I will discuss the application and management of contracts in modern enterprises from the following aspects: 1. The main problems existing in contract management in modern enterprises; Second, the main reasons for the problems in enterprise contract management; Third, the countermeasures to solve the problems in enterprise contract management.

Keywords: modern enterprise contract management performance dispute control

Market economy is a legal economy in a sense, and it is closer to contract economy. Contract is the product of commodity economy and the legal expression of commodity exchange. Modern society can be said to be a contract society. Economic exchanges between enterprises are mainly carried out through contracts. Therefore, the success or failure of an enterprise is closely related to contract and contract management. Therefore, we must attach great importance to contracts and contract management. Enterprise contract management refers to a series of behaviors such as conclusion, performance, alteration, dissolution, transfer, termination, review, supervision and control of contracts with enterprises as parties according to law. Among them, conclusion, performance, alteration, dissolution, transfer and termination are the contents of contract management; Review, supervision and control are the means of contract management. Contract management must be whole process, systematic and dynamic. The whole process starts from negotiation, drafting, signing and coming into effect until the contract expires. We should not only pay attention to the management before signing, but also pay attention to the management after signing. Systematization means that all departments involved in contract terms should be managed together. Dynamic is to pay attention to the changes in the whole process of performance, especially to grasp the changes that are unfavorable to us, and modify, change, supplement or suspend or terminate the contract in time.

First, the main problems existing in modern enterprise contract management:

(1) Problems in the contract signing stage:

Common problems in the contract signing stage are:

1. Improper contract subject. The qualification of the parties to a contract is one of the preconditions for the effective establishment of a contract, and the first condition for qualified subjects should be the parties to a contract with corresponding civil rights capacity and capacity for civil conduct. Two tendencies should be prevented here: first, although they have the above two abilities, they are not parties to the contract, that is, the parties are misplaced and the subject of the contract is improper; Second, although it is a party to a contract, it does not have the above two abilities and is also an improper subject of the contract.

2. The contract text is not rigorous. Inaccuracy means inaccuracy, which easily leads to ambiguity and misunderstanding, making the contract difficult to perform or controversial. A valid contract concluded according to law shall reflect the true meaning of both parties. And this embodiment needs to rely on accurate and clear contract words as a carrier. It can be said that the contract is about words.

3. The terms of the contract are missing. That is to say, it is incomplete, incomplete, defective and flawed. What is often overlooked is the liability for breach of contract. Some contracts only speak good words, not bad words; Only talk about the positive, don't talk about the negative, and don't know the trick of "being a villain before a gentleman" when signing a contract. Once there is a breach of contract, there is no provision in the contract on how to deal with it.

4, only from the contract without the main contract. A master contract refers to a contract that can exist independently, such as a general contract for construction projects. Subordinate contract refers to the contract that can only be established on the premise of the existence of the main contract, such as construction project subcontract, guarantee contract, mortgage contract, etc. A subordinate contract without a master contract is an unfounded contract, which is "passive water" and "passive water" does not exist.

5. Sign an invalid contract in violation of laws and regulations. Article 52 of the Contract Law stipulates that a contract signed in violation of the mandatory provisions of laws and administrative regulations is an invalid contract and is not protected by law. At present, many contracts signed by construction enterprises, some of which cover up illegal purposes in legal form, are essentially invalid contracts.

6. Questions about the text of overseas contracts. After China's accession to the WTO, some contracts were written overseas. Due to the differences in national conditions and languages, as well as translation problems, there are many doubts in these contract texts. We can't avoid these problems, so we must make it clear in the contract, understand their meaning, or plug their loopholes to avoid losses.

(II) Problems in the performance stage of the contract:

1. The modified contract has not been changed. It is normal to change the contract during the performance of the contract. The problem is that many managers responsible for contract performance lack the awareness of timely changes, resulting in losses. Contract changes include changes in contract contents and changes in contract subjects. The purpose of contract change is to ensure the better performance of the contract and the realization of some purposes by modifying the original contract. As a contractor, it is more important for construction enterprises to safeguard their legitimate rights and interests, and the key is to change them in time.

2. The letter (meeting minutes) that should be sent was not sent. It is necessary for construction enterprises to issue necessary letters in time in the process of contract performance, which is the need of dynamic contract management, a means of contract performance and a measure of self-protection. Unfortunately, this is often overlooked and punished.