First, the analysis of the current situation of legal work
At present, the legal work foundation is weak, the legal system flow is not perfect, and the company's existing business model has operational risks such as engineering quality and accounts receivable. The existing risk control mechanism of enterprises needs to be strengthened, and it takes a process for personnel to understand and support legal work.
Second, job orientation.
Focus on serving the development of enterprises, highlight legal support and services, prevent and resolve legal risks, and build an enterprise legal risk prevention mechanism based on prevention in advance and process control, supplemented by relief afterwards.
Three. Work objectives:
(a) three months to lay the foundation.
Make a model contract for daily operation, analyze accounts receivable, collect them according to different situations, analyze project bidding documents, product sales and business operation mode, and put forward risk prevention opinions.
(2) One-year framework
Formulate the legal module management system and process, establish legal management responsibilities and authorities that are more in line with the current situation, clarify the responsibilities of various departments and key positions in risk management through the establishment of internal control system, incorporate risk management into various management processes, improve corporate governance and legal affairs management, and basically form a legal work framework system.
(3) Two-year system
Expand the field of legal services, constantly innovate and improve legal work, and build a legal work system that supports enterprise strategy.
Four, the working ideas of the specific business module of legal work
(I) Legal management ideas: revise the system, clarify responsibilities, pay close attention to the implementation of legal work responsibilities, optimize work processes and post responsibilities, formulate legal affairs management measures, contract management measures and accounts receivable management measures according to the company's current legal work situation, and build the company's internal legal risk prevention system, which will be strictly implemented after publicity and training.
(B) contract management ideas: laying a solid foundation, strengthening management and establishing specimen contract management are the basis of enterprise operation. Standardize contract review and management, keep the risk management barrier, and consolidate basic management by participating in the preliminary demonstration of major economic contracts of the company, tracking the signing of contracts, monitoring the implementation process, handling follow-up matters, and evaluating the completion effect. By establishing a contract management account and establishing a dynamic tracking system for major contracts, the problems existing in contract management and enterprise management can be found in time and suggestions for improvement can be put forward.
Collect commonly used contracts and bidding documents signed by various departments on a daily basis, and guide business departments to use contract templates and standard bidding texts to bid and sign contracts through early revision and improvement.
(III) Thinking of accounts receivable treatment: highlight key points, protect rights according to law, prevent the system from classifying and summarizing the existing dormant account of the company, cooperate with the business and financial departments to adopt strategies such as self-collection and litigation collection for the reasons of arrears, formulate collection plans, implement the collection responsibility to people, and clean up old accounts.
There are market, system and mechanism reasons for the insufficient payment. It is necessary to conduct an in-depth investigation and understanding of the enterprise's operation mode, operation management process and financial settlement, establish a accounts receivable collection management system, guard against corresponding risks, and protect enterprise assets and interests to the maximum extent.
(4) Legal litigation support
According to the needs of enterprises, participate in litigation and arbitration, handle litigation cases by themselves after approval by leaders, do a good job of coordination and consultation with each other before litigation, strive for a win-win situation, be serious and responsible for completing litigation cases in time, and ensure the maximization of the company's interests.
For major and complicated cases, it can be solved by combining external lawyers and integrating relevant resources. When we find serious legal problems, we will immediately report the relevant situation to the company so that the leaders can make a quick decision.
(five) to carry out legal knowledge training.
Business handling departments often need to sign contracts with foreign countries, so training the handling personnel in bidding, contracts and other legal aspects can move the risk barrier forward and reduce disputes.
(vi) Intellectual property management
Communicate with provinces, municipalities, districts and industrial and commercial bureaus, cooperate with agencies, strive for well-known trademarks, implement brand strategy, improve corporate visibility and promote product sales. /model essay/152 1 Mining patent applications by combining the existing production technology, technical scheme and quality control means of enterprises, promoting the transformation of scientific and technological achievements of enterprises, effectively supporting the identification of high-tech enterprises, and giving policy support such as tax incentives.
(seven) to provide legal services for business decisions.
Implement intellectual property strategy and strive for well-known trademarks. Establish and improve the internal control system of enterprises, improve the corporate governance structure, make breakthroughs in legal compliance, remove obstacles to listing of enterprises and avoid operational risks.
(eight) the integration of judicial and related resources, and constantly improve their business skills.
Strengthen the study of the company's business knowledge, communicate with all departments inside and outside the company, and better provide practical legal services for the company's business modules. Due to the lack of understanding of the industrial ceramics industry, the lack of legal English and the use of international rules, the legal support and services for the company's related economic activities at home and abroad are still relatively lacking, which needs further study and improvement.
The above working ideas are refined on the basis of communication with various departments. In the near future, according to the instructions of the leaders, we will focus on formulating contract templates and standard texts of bidding documents, focusing on cleaning up accounts receivable.