Summary of company legal affairs work

The legal affairs work summary is 200* years. Under the direct leadership of the general manager's office, our company's legal affairs and authorized management work closely focuses on the central work of vigorously developing business and maintaining stable operation, and fully implementing the relevant legal affairs and authorized operations of the head office. The spirit of the work instructions, pioneering and innovative, mainly done the following work: [Secretary essay article - Secretary of Secrets Wenwen to help you find articles]


First, strengthen the management of litigation work and further improve the reporting system.

Adhere to the two principles of “reducing litigation cases, reducing litigation costs, striving to improve the winning rate” and “responsible for litigation cases, who advocates and who gives evidence”, strengthen the management of litigation cases, and ask which company the case involves, and which company The company is responsible for handling the necessary legal files, evidence and related matters before the commencement of each litigation process.

The companies at all levels shall conduct litigation within the scope authorized by the superior company, and shall do the reporting work step by step in accordance with the relevant provisions of the provincial branch. In the case of filing a case with the provincial company, we conducted a serious review, conducted a case analysis on a calm, objective and fair basis, and then suggested whether the company participating in the lawsuit would fight the lawsuit. We will actively support the cases in which the lower-level companies protest against the provincial high courts. For example, in the fire case of a private plastics factory in Qingfeng, the first-instance insurance company of the Intermediate People's Court lost the lawsuit and sentenced the insurance company to pay more than 700,000 yuan. At present, the company protested to the High Court. We assisted the company to hire a lawyer, analyzed the case and tried to change the judgment.

Second, analyze past cases, explore the law of the case, and guide the lower-level companies to carry out their work.
Through investigation, statistics and analysis of more than 80 lawsuits that have occurred since the division's operation, we have initially found out the reasons for the failure of our company's litigation cases, and proposed five countermeasures for the next step: First, we must We will ensure the quality of underwriting and do a good job in underwriting. The business shall be handled in strict accordance with the operating procedures. The project shall be completed in a complete manner, and the special agreement shall be detailed and clear. Second, when dealing with claims, the first thing to do is to check the scene in time to obtain first-hand information. Secondly, when on-site inspection, it is necessary to collect on-site evidence and work with the policyholder to determine the evidence collected on site; It is necessary to check the books and related vouchers in a timely and detailed manner, and to copy or copy the books and vouchers involved in the case in detail, and to seal them if necessary. Third, when making claims, the information should be complete, the case should be described in detail, and the calculation of the amount of compensation should be justified. Fourth, we must treat the case of refusal of compensation with caution, analyze whether the grounds for refusal of compensation are sufficient, whether it is legally recognized, and resolutely put an end to verbal refusal. Fifth, it is necessary to strengthen the ties with the courts, do a good job in the daily propaganda and tackling of the case-handling judges, and cannot temporarily hold the buddha.

Third, directly participate in litigation work in some cases.

Hong Kong xx company peanut mold insurance fraud claims have made progress. Our company actively assists the police in obtaining evidence collection work. At present, the evidence collection work has basically ended and the case has been transferred to the procuratorate for prosecution.

Participated in the litigation and subrogation work of the Zhumadian xx Group's import of soybean meal damages, which ended the more than four years of litigation.
In xx xx, xx branch underwritten 11563 tons of soybean meal purchased by Zhumadian xx Group. After the goods were transported from Lianyungang port by a port in India, the insurer found the goods and found the damage to the insurance company. After investigation and verification by the xx branch, the company refused to compensate for the loss of the goods without any natural disasters, accidents and any external causes, and the ship was in an unseaworthy state. Dissatisfied, with the Shanghai Maritime Court Lianyungang sent a court to file a lawsuit, began a difficult litigation process. In the first and second trials, the agent entrusted by our company tried to argue, but the court still sentenced our company to compensation of 4,140,601 yuan and interest. Because the second instance is the final judgment, we have to express respect and decide to accept the court judgment conditionally. First, the xx group will transfer the equity to our company and actively cooperate with the recovery of the ship; second, pay according to the normal claims program. The xx Group must provide the necessary data and documentation. According to the requirements of our company, Zhumadian xx Group formally sued the carrier, thor sky company of Thailand, and transferred the recovery right to our company. On April 25 this year, the Shanghai Maritime Court Lianyungang sent a court to issue a civil judgment No. xx of Shanghai Haifa Lian Shang Zi, ruling that the carrier, Thailand thor sky company, failed to provide relevant evidence that could be exempted from liability, and should be liable for damages according to law. Compensation for the company's insurance claims 4,197,306 yuan and its benefits of 286,947 yuan. The defendant refused to accept the judgment and filed a protest with the Shanghai Higher People's Court. The Shanghai Higher People's Court held a trial. After a heated court debate, the protestant requested a settlement with our agent and agreed to compensate the company for a loss of US$375,000. Considering that it is difficult to recover overseas, it is not easy to recover 40% of the general cases, and the funds we have recovered have reached 70%. Our agent agrees to settle. At present, the US$375,000 has been credited to our company's account.
In addition, a private enterprise jade damage lawsuit in Nanyang has now entered the second instance. In the case of property rights disputes in the business management department of the provincial branch, our company applied for authorization from the head office according to regulations.

Fourth, establish a legal talent pool.
In the third quarter of this year, we conducted a thorough investigation of legal talents in the province's system, and initially established a legal talent pool of our company. There are 2 graduate students in law, 9 undergraduates, 23 junior college students, including lawyers. 6 people qualified. We have stored the relevant personnel's information on the computer in order to play the role of these personnel.

V. Designed a unified "Power of Attorney" and "Consignment of Attorneys".
In order to standardize the principal-agent litigation behavior, the provincial branch designed the "Power of Attorney" and "Delegation of the Attorney's Contract" style, and made uniform provisions on the license of the agent, the duties of the attorney, and the method of collecting the lawyer's fee. In the future, lawyers employed in our company's system will, in accordance with relevant state regulations, collect legal fees on a full-risk basis in principle, that is, no fees will be charged in the previous period, and the lawyers' fees will eventually be recovered by the company as a standard. A certain percentage of the loss is charged. If the lawyer fails to recover the loss for my company, the penalty will not be taken.

Sixth, do a good job in authorized operations.
In order to further strengthen the authorization management work, the provincial company issued the "Notice on Regulating the Special Partial Transfer Authorization Approval Procedure" in the timely manner, and standardized the authorization approval procedure. According to the authorization of the head office of the provincial branch, I have extensively solicited opinions from various city branches and provincial offices, and formulated the XX “Transfer of Authorization” to license some companies and some businesses. The right to make appropriate adjustments. At the beginning of November, our department issued a special notice to extensively collect opinions and suggestions from various offices and municipal branches on the authorization of management and management in this year, and prepare for the revision of the "Delegation of Authorization" next year.
The above is the main work of our company in law and authorized operation. According to the current problems and deficiencies, our work focus next year is:

Increase the intensity of handling litigation cases. For the cases involving the litigation, such as the Hong Kong xx company fraud case, the Nanyang jade lawsuit, etc., first, actively do the evidence collection, protest, and appeal work, strengthen public relations with the public, inspection, law and other departments, strive to close the case as soon as possible, try to avoid The lawsuit is ridden. The second is to do a good job in collecting, sorting and archiving the case materials. It is necessary to turn the case into an "iron" case and stand the test.

According to the scope of authorization, strengthen guidance and assistance for litigation cases of lower-level companies. If the city company protests against the case of the Provincial High Court, we will actively provide assistance to help contact lawyers and assist in case analysis and evidence collection.

The typical litigation cases since the division of business have been analyzed from the perspective of law and business, so that one case is reviewed, then compiled into a book, and the majority of cadres and employees in the system are printed and distributed, and the legal awareness of the personnel is enhanced by vivid cases. Operating according to regulations, from the source to eliminate the occurrence of some lawsuits.

At the appropriate time, hold a training course for legal knowledge of company managers in the county. Key training companies with a premium income of over 10 million yuan and a manager of the city of over XX million yuan. The head of the legal department of the head office and some prestigious legal professionals are invited to attend classes to enhance the legal awareness of grassroots companies and their ability to safeguard their rights and interests in accordance with the law.

Authorized management. According to the opinions of the head office authorization and the transferee, combined with the feedback from the municipal company on the authorized operation work this year, the 200* year “Transfer of Authorization” will be revised and printed. At the appropriate time, the organization will conduct a check on the business operations of the city branch, and urge the companies at all levels to operate according to law within the scope of authorization.