Corporate legal affairs management work plan

I. Corporate legal affairs management plan

(1) The overall goal of the company's legal affairs management

1. Establish and improve a scientific legal affairs management system to further improve legal decision-making, legal operation and legal management.

2. Establish and improve a set of company rules and regulations in line with national laws and regulations and a supervision system to ensure its effective implementation.

3. Establish and improve the accountability system for regulating employees' management activities and effectively controlling business management power.

4. Forming a modern corporate legal affairs management method for pre-emptive prevention, follow-up, and post-improvement, and ultimately realize the legalization, institutionalization, standardization, standardization, and stylization of the company's decision-making, management, and management.

5. Establish a company's legal risk awareness, assessment, and management system, and integrate it into the company's business management and corporate legal affairs management systems. The effective management of the company's legal risks requires the establishment of a management system for the following matters:

The prevention of violations mainly includes compliance with industry regulatory requirements, compliance with securities regulatory requirements and compliance with general regulatory requirements;

Contract management and management of domestic and international business activities;

Intellectual property rights management;

Claims and litigation case management;

Corporate governance and company board secretary management;

Environmental and safety production management;

Labor legal relationship management;

Company investment, asset sales, mergers and acquisitions and restructuring management.

(II) Steps of the company's legal affairs management

In general, the company should formulate specific and gradual legal affairs management plans and procedures according to the experience and lessons of legal affairs management work in previous years and in accordance with the overall requirements of legal affairs management.

1. Preparation stage: Also known as “infrastructure construction stage” and “regulation system improvement stage”, the work focus of this stage:

(1) Focus on formulating legal affairs management planning and legal education planning, improving the organizational guarantee of corporate legal affairs management, establishing corresponding working systems, forming a rational and complete legal legal work network system, and establishing and improving the legal affairs management institutions themselves. The work system ensures the orderly and efficient implementation of the company's legal work.

(2) Establish and improve the company's rules and regulations system. Form a timely, complete and scientific compilation of rules and regulations within the company.

2. The improvement stage: “the stage of contract management improvement” and “the stage of standardizing production management activities”. The focus of this stage is:

(1) Strictly follow the “Contract Management Regulations” formulated by the company to enhance the auditing effect of “question, see, block, and nuclear” at the time of contract review; strengthen supervision over contract performance and improve legal risk prevention and control ability of contracts .

(2) Proactively cooperate with management at all levels to rationalize relations, formulate systems, improve mechanisms, clarify powers and responsibilities in response to unreasonable, irregular, and unsatisfactory ills in production and management activities, and truly radiate legal work in depth; Plan and focus on the implementation of special legal affairs management work and series of activities to improve the overall level of corporate legal affairs management.

3. Summary stage: “checking and summarizing improvement stage”. The focus of this stage is to summarize the work results of the first two stages. According to the goals and tasks determined by the company, the items are inspected item by item, and the imperfections are not in place. Make up the class, and strive to achieve all goals.

Second, the company's legal affairs management specific measures

(1) Improve the construction of legal organizations

1. Accelerate the construction of legal affairs management agencies and teams.

2. Establish a corporate legal affairs management system and improve the legal affairs management framework.

(2) Improve the company's rules and regulations system

1. Formulate rules and regulations management methods and implementation plans.

2. Clean up old regulations.

3. Compile rules and regulations and improve company rules and regulations.

4. Strictly implement and supervise the company's rules and regulations: Improve the system of accountability, so that there are rules to follow, and the regulations must be strict, and violations must be investigated.

(3) Formulating and implementing the law-enforcement education plan

According to the requirements of the national law-enforcement plan, combined with the actual situation and needs of the company, formulate the law-enforcement plan and the annual law-enforcement implementation plan of the unit. In the company-wide scope, there are plans, levels, practicalities, and targeted in-depth education.

1. Combine with the actual situation of the company, grasp the key points of the law, and carry out legal education to reach the company's leaders, cadres, and employees:

Familiar with the basic legal and political systems of the country;

Familiar with various laws, regulations and rules related to the business in charge of their own business, and consciously abide by and apply relevant laws, regulations and rules and regulations in business management activities;

You can take the initiative to consult with the legal affairs department on laws and regulations and legal knowledge that are unfamiliar and uncertain.

Adhere to the study of law-enhancing education and rules and regulations for all employees, especially new comrades who have just joined the work, so that employees can be familiar with the legal knowledge and the company's entire rules and regulations related to their own work, and learn, law, and law-abiding. .

2. Implementing legal education in various forms.

According to the requirements of the law-enforcement plan, meticulously organize, pay close attention to implementation, various forms, and make effective results, and effectively promote the legal awareness and legal quality of company cadres and employees through legal publicity work.

(4) Strengthening contract management

1. Further improve the contract management system and improve the contract management level.

(1) The contract is managed by the legal affairs management agency.

(2) Establish a supporting management system for contract management.

(3) Establish and improve the supervision system for contract performance.

(4) Establishing a reward and punishment system for the evaluation and evaluation of contract management effects.

2. Standardize supplier management.

The company shall strictly follow the provisions of the "Supplier Management Measures", regulate supplier management, and further strengthen the legal supervision of supplier selection and transaction process in accordance with the supplier management system and procedures to ensure that the supplier management work is legal and orderly. Conducting and curbing corruption and infringing on the company's interests from the source.

3. Risk-prone prevention management.

For the business operations of the company and its subsidiaries that may have legal disputes, the legal affairs management department should intervene in advance and participate in the whole process, do a good job in reviewing and supervising the contract, do a good job in pre-emptive work, and try to avoid disputes or cases. Even if a dispute or case occurs, it must be beneficial to the company to obtain or maintain its legitimate rights and interests in facts and laws.

(v) Case management

1. Formulate the company's case management regulations.

In accordance with the company's "company case management system" to do a good case management, and adhere to the case timely reporting system and case statistics system, the implementation of the case fault accountability system, the case management into the annual target assessment, the report is not reported or seriously dereliction of duty The direct responsible person who caused the company's rights and interests to be damaged shall be dealt with seriously and will not be tolerated in order to incorporate case management into a standardized management track.

2. Strengthen the effectiveness of case management.

The ability to handle cases and the corresponding level of management will have a direct impact on the company's economic interests. All kinds of cases of the company and its subsidiaries are managed by the legal affairs management department of the company. All relevant departments must work together to provide necessary business support for the legal affairs management department to collect, analyze and respond to the evidence of the case. The response and relief capabilities of the case.

3. Improve legal affairs such as cases

The legal management system business management process can be divided into receiving program, survey program, processing program, archive program, and summary feedback program. The specific process is broken down as follows:

Acceptance of legal affairs: The handling of legal affairs shall be handled by the company's leaders or handed over by the relevant functional departments and companies in accordance with the prescribed procedures. The transfer must be timely, and the responding materials must be reported and handed over immediately upon receipt of the indictment.

Determining the person responsible for the operation: After accepting legal affairs, the Ministry of Legal Affairs shall immediately designate the person responsible for the operation according to the specific circumstances of the pending legal affairs. The person responsible for the operation is responsible for the handling of the legal affairs. If it is a major and complicated case, it is also necessary to entrust a full-time lawyer to act as a lawyer.

Conduct investigations and collect data: After analyzing the legal affairs, the responsible person will conduct a comprehensive investigation and collect information on the relevant facts of legal affairs. If there is a full-time lawyer represented by a law firm, the manager assists the full-time lawyer to investigate and collect relevant information. The information collected should include the following:

The report of the relevant unit on the facts and the instructions of the company's leaders;

Information on the subject matter of the parties;

Evidence material about the facts;

Other information related to legal matters.

Brainstorming: After conducting the investigation and collecting the information, the responsible person and the entrusted full-time lawyer shall conduct a detailed analysis of the relevant facts and report to the Ministry of Legal Affairs the preliminary report on the population head report. After receiving the opinion, the head of the Legal Affairs Department should organize a group discussion to form a collective discussion.

Feedback and supplementary investigation and collection of information: After the legal affairs management agency and the appointed full-time lawyers have collectively discussed and formed collective opinions, the responsible person of the handling agency shall promptly report the opinions to the party concerned and may request the parties to further explain The situation, the provision of evidence, and supplementary investigations should be conducted in accordance with the specific circumstances of legal affairs.

Handling: The responsible person and the entrusted full-time lawyer will proceed with the legal affairs while fully grasping the relevant facts and legal provisions. During the processing, the unit can be requested at any time.

Form a written opinion: At the same time as the responsible person and the appointed full-time lawyer deal with the legal affairs, they should form a written opinion on the facts of the legal affairs and the application of the law, such as the complaint, the reply, the agent, the legal opinion, the report, etc. .

Written written opinions and reports or submissions: All written files must be reviewed by the head of the Legal Affairs Department before they are formally reported or submitted to the relevant third party.

Filing and archiving of the case file: After the legal affairs have been processed, the responsible person of the handling office should collect the information related to the case and organize and file it.

Summary feedback: After each legal transaction is completed, it must be summarized within one week, a written closing report should be submitted, the reasons for the investigation and the accountability or sharing of responsibility should be analyzed, and corrective and preventive measures should be proposed as appropriate, and reported to the company's leaders for approval.

(6) Establishing a sound supervision and supervision mechanism and increasing the implementation of rules and regulations

1. Establish a legal supervision and supervision mechanism

In accordance with the "Company Law of the People's Republic of China", "Criminal Law of the People's Republic of

2. Strictly implement the accountability system

In accordance with the "Company Law of the People's Republic of China", "Criminal Law of the People's Republic of China", "Labor Law of the People's Republic of China", and "Regulations of the Company's Staff Awards and Punishment", the company shall formulate measures for the accountability of the company, and s Regulations and company rules and regulations. Therefore, the effective implementation of laws, regulations and rules and regulations is guaranteed from the system.

(7) Actively safeguarding the legitimate rights and interests of the company

In combination with China's new situation of gradually improving the market economy, in order to improve the company's ability to resist risks and enhance its market competitiveness, it is necessary to enhance the awareness of rights protection, further strengthen the litigation case, dispute reporting system, and the main actions are prosecution, response and non-action. v. mediation work.

Pay attention to the protection of intellectual property rights and strictly abide by the "Trademark Law of the People's Republic of China", "Copyright Law of the People's Republic of China", "People's Republic of China Patent Law" and other intellectual property