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改革开放以来,我国从传统计划经济向社会主义市场经济转型期间,老的国有企业进行了公司化改制,新成立的企业全部按《公司法》规范。在全新的市场竞争体制下,不少发展迅速的企业纷纷暴露出了法律风险防范滞后的弊端,从而引发了难以挽回的危机,严重的甚至导致了企业破产。除市场竞争因素外,很多企业忽视其成长过程中的法律风险防范机制是一个重要的原因,法律风险防范越来越成为企业运营和发展面临的重大课题。企业在参与市场竞争中面临各种风险,其中以法律责任承担为特征的法律风险,具有可预防性和可避免性。任何企业都时时刻刻面临着法律风险,因此必须重视法律风险的防范和化解,建立适合企业自身发展需要的法律风险防范机制。
Since the reform and opening up, during the transition from the traditional planned economy to the socialist market economy, the old state-owned enterprises have undergone a corporative reform. All the newly established enterprises are governed by the “Company Law”. Under the new market competition system, quite a number of fast-growing enterprises have exposed the drawbacks of legal risk prevention and retardation, which has triggered an irreversible crisis and even seriously led to the bankruptcy of enterprises. In addition to market competition, many enterprises neglect the legal risk prevention mechanism during their growth is an important reason, the prevention of legal risks has increasingly become a major issue facing the operation and development of enterprises. Enterprises face various risks in their participation in market competition. Among them, the legal risks characterized by their legal liabilities are preventable and avoidable. Any enterprises are always facing legal risks, so we must pay attention to the prevention and resolution of legal risks and establish a legal risk prevention mechanism that suits the development needs of enterprises.