论我国中小企业法律风险防范(1).pdf

密 级： 学校代码： 10075 分类号： 学 号： 20100327 法律硕士学位论文法律硕士学位论文 论我国中小企业法律风险防范 论我国中小企业法律风险防范 学 位 申 请 人：刘 佳 指 导 教 师: 刘志刚 教授 孟利民 教授 学 位 类 别：法律硕士专业学位 学 科 专 业：法律硕士（法学） 授 予 单 位：河北大学 答 辩 日 期：二○一二年六月 Classified Index: CODE: 10075 U.D.C.: NO: 20100327 A Dissertation for the Degree of J.M Judicial determination of the Insurance Fraud Candidate: Liu Jia Supervisor: Prof. Liu Zhigang Prof. Meng Limin Academic Degree Applied for: Juris Master Specialty: Juris Master（（Law）） University: Hebei University Date of Oral Examination: June，，2012 摘 要 I 摘 要 改革开放二十年来，中小企业从无到有，从小到大，不断崛起、发展和壮大，中小 企业成为国民经济中最活跃的组织，并成为国民经济不可或缺的组成部分，发挥着重要 的作用。

但是，随着市场经济的发展，企业之间的竞争也日益加剧，中小企业面临日益 严峻的法律风险， 能否有效的防范和管理法律风险成为中小企业生存发展的一个主要能 力 本文以我国企业法律风险防范管理为基础， 结合当前我国企业法律风险防范的理论 并借鉴欧美大企业的法律风险防范经验， 将企业法律风险防范的管理运用到中小企业法 律风险防范中去本文通过对我国中小企业法律风险管理中存在的缺陷进行分析，指出 其产生的根源并提出完善的对策和建议旨在通过对中小企业法律风险的分析，发现现 实中存在的主要问题， 为中小企业建立适合自身特点的法律风险防范体系提出探讨性的 方案和建议，为中小企业的健康成长提供有益的帮助 关键词 中小企业 法律风险防范 法律风险管理 Abstract II Abstract Since the reform and opening-up 20 years ago, the small and medium-sized enterprises with zero level have been increasingly developing from infancy to maturity and become the heated market competition, the legal risks encountered by them have also been quite stern. It has become the main capacity for these enterprises to guard and make management of these risks more effectively. This article through to the medium and small enterprises in China law the defects existing in risk management, analyzes the causes of the perfect and put forward some countermeasures and Suggestions. This article aims at discovering those existent problems by analyzing the legal risks in the middle and small-sized enterprises. Only in this way can some effective proposals and schemes be found out in the building-up of the guarding system for the legal risks. This will surely supply some benefits for the healthy growth of those small and middle-sized enterprises. Key words Small and middle-sized enterprises Legal venture prevention Legal risk management 目 录 III 目 录 引 言··································································································································1 第 1 章 我国企业法律风险概述 ······················································································2 1.1 我国企业法律风险····································································································2 1.1.1 企业法律风险的定义 ·························································································2 1.1.2 企业法律风险的特征 ······················································································3 1.1.3 企业法律风险的种类 ························································································3 1.2 企业法律风险防范现状 ···························································································4 1.2.1 企业形态·············································································································4 1.2.2 企业法律风险防范的目标·················································································6 1.2.3 企业法律风险防范的对象·················································································6 1.2.4 企业法律风险防范的模式、流程·····································································7 1.2.5 企业法律风险防范的效果·················································································8 1.2.6 中小企业法律风险防范现状·············································································8 1.2.7 中小企业法律风险的特点分析·········································································9 第 2 章 我国中小企业法律风险防范制度·····································································10 2.1 我国中小企业法律风险防范制度目前存在的问题··············································10 2.1.1 中小企业法律风险防范制度中存在的思想问题···········································10 2.1.2 中小企业法律风险防范制度中存在的机制问题···········································10 2.1.3 中小企业法律风险防范制度中存在的组织问题···········································11 2.1.4 中小企业法律风险防范制度中存在的投入问题···········································11 2.1.5 中小企业法律风险防范制度中存在的执行问题···········································12 2.1.6 中小企业法律风险防范制度中存在的模式问题···········································12 2.2 我国中小企业法律风险产生的原因······································································12 2.2.1 社会法制环境分析 ··························································································13 2.2.2 市场经济与企业成长阶段分析·······································································13 2.2.3 中小企业法律风险管理文化分析···································································14 目 录 IV 第 3 章 欧美企业法律风险防范制度的经验和启示·····················································15 3.1 美国企业法律风险防范制度的经验······································································15 3.2 欧洲企业法律风险防范制度的经验······································································16 3.3 欧美企业法律风险防范制度的启示······································································17 3.4 我国中小企业法律风险防范制度的发展趋势·········································。