Enterprise contracts occupy an important position in the development of the economic market, in the whole of the entire economic activities, and a sound contract management system can enhance the economic benefits of enterprises.
A contract is a contract signed by the buyer and the seller through a series of negotiations and after reaching an agreement, and the two parties carry out economic activities in accordance with the agreed terms in the process of cooperation.
In the process of economic market development, it is very important to do a good job in enterprise contract management, at present, there are many problems in the process of enterprise contract management, which requires a comprehensive enterprise contract management problems, combined with the actual situation to develop corresponding strategies.
Combined with China's bidding and bidding law, in the economic dispute of AB enterprise sales contract, the two parties signed the project construction and procurement contract when they should have tendered but did not perform the project bidding procedures, which seriously violated the basic provisions of China's bidding and bidding law, violated the validity and mandatory provisions, and will be judged as an invalid contract.
In the case of an economic contract dispute between an investment enterprise and a mining enterprise, although the parties have a dispute over the right to prospect for minerals, the prospecting behavior completely endangers the safety of the public environment and violates the mandatory provisions on validity and sexuality, and the contract will be judged to be invalid.
Contract management refers to the whole process, systematization and dynamic characteristics of enterprises in contract negotiation, contract drafting, contract approval, contract execution, etc., and good contract management can improve the economic benefits of enterprises, but if contract management is not in place, it will cause economic contradictions.
From this point of view, contract management is a very important aspect of economic market management, and it is also the key to achieving the strategic goals of enterprises.
In terms of contract composition, the contract for the transfer of ownership of goods, the entrustment contract for the provision of services, and the labor contract signed by the enterprise and the employee, etc., the contract contains the various economic transactions of the enterprise, involves the personnel of various departments, and has a direct impact on the operation of the enterprise.
In order to maintain the good development of enterprises, a sound contract management system should be formulated, contract management should be strengthened, and the implementation of the contract can also reflect the level of enterprise management, which is conducive to establishing a good image of enterprises in the development, improving the economic benefits of enterprises, avoiding business risks, and reducing the occurrence of breach of contract.
In the context of the development of the market economy, the construction of socialist rule of law is becoming more and more perfect, and enterprises have gradually become a subject of independent operation, based on the basic requirements of the development of the market economy and the problems existing in contract management.
In the process of contract management, the basic needs of the market economy should be the mainstay, and the contract management of enterprises should be carried out on the basis of following the legal rules of the market economy, and all stages should be grasped to face the phenomenon of inconsistency between contract management and market requirements.
It is necessary to improve and strengthen contract management, and reflect its advantages in economic activities, and only by fully following the basic principles of contract contract management can we avoid legal contradictions caused by errors.
Among them, the basic principles of contract management are manifested in the following points. First, following the basic concept of equality and voluntariness, the legal status of the parties to the contract is comprehensively discussed in the management of enterprise contracts, and it has always been in a state of relative equality and fairness.
Second, strictly follow the principle of honesty. Enterprises shall safeguard the rights and obligations of both parties in accordance with the principle of fairness. Third, follow the principle of law to safeguard the public rights and interests of the society, maintain the standardization of the social and economic order, avoid adverse impacts, fundamentally safeguard the interests of enterprises, and formulate corresponding social and economic management guidelines.
It is shown through relevant ** that enterprises should correctly understand the role of contract management, grasp the application field and specific content of contract management, so as to facilitate understanding the impact of contract management in the economic market.
At present, it is necessary to strictly review the various points contained in the enterprise contract to avoid ambiguity in the content or unclear description of a certain aspect, which may lead to disputes.
Contract terms and ancillary documents are the two major components of the contract content, in this link must maintain the soundness and perfection of the main points of the contract, once the perfection is insufficient, it will cause a variety of contradictions, thereby weakening the overall implementation of the contract.
For the various clauses in the contract, there are many aspects involved, such as the names, numbers and breaches of contract of the parties to the contract, and the main points in the ancillary documents are the ** and words agreed by both parties.
In addition, it is also necessary to ensure the sameness of the contract payment, and prohibit the occurrence of unclear contract payments, etc., and the specific content is not clear, so the normal implementation of the contract is hindered.
There are many strict approval procedures in the contract process of enterprises, and if the relevant approval procedures do not meet the standards or do not pass the approval, such a contract will not have legal effect.
For example, when the contract is in the form of a building type, it should be approved in advance and the legal effect can only be produced after obtaining the certificate, but if the above content is missing or not handled in accordance with the approval process, it will affect the effect of the contract and cause the contract to be revoked.
Under the conditions of the economic market, the enterprise is an independent market entity, and bears the responsibility of operating and managing the risk.
In this context, it is extremely important to strengthen contract management, contract management can enhance economic benefits, is the main work to prevent corporate legal risks and operational risks, when the enterprise normative management contract, then it will produce a good impetus from the economic market activities to promote the good development of enterprises.
At the current stage, the exchange type of contract management is transformed into an organizational type of activity, which is a key point in the implementation of contract management, and for enterprise contract management, it is generally based on one-time contracts.
At this stage, the relevant rules were also formed from the contract, but it can be seen from the actual situation that in addition to the treatment of this type of contract, there are also long-term types of contracts.
Compared with one-time contracts, long-term contracts have functions that one-time contracts do not have, and they should fully reflect the economic effect of enterprise contract management.
It is necessary to focus on the actual situation, formulate a sound contract system, adopt a reasonable way to construct normative norms, and enhance the standardization of contract transactions on the basis of giving play to the economic role, so as to avoid undesirable phenomena.
In addition, in the management of enterprise contracts, the type of service contract is also strictly stipulated, but from the actual situation, there is a lack of clear provisions for service contracts.
At present, with the rapid development of enterprises in recent years, the trend of refinement of the division of labor of different types of enterprises, in this case, it is necessary to reasonably rectify the rules of service contracts to meet the needs of enterprises and promote their stable development.
Therefore, the development of enterprise contract management plays a very important role, which can not only realize the interests between the two parties, but also promote the stable development of social economy.
Therefore, it is necessary to fully understand the performance of the contract type, and improve the contract law while reasonably planning the contract plan to achieve the ultimate goal.
In the stage of rapid development of the market economy, most of the trading activities are carried out on the basis of the implementation of enterprise contracts, so as to build a perfect market.
In this situation, it can be seen that the enterprise contract relationship is the basic relationship in the market economy, and it is divided into two aspects: organizational type and transaction type according to the function of enterprise contract.
Among them, transactional contracts can better rectify transaction relationships, while organizational contracts can be applied to complex economic activities in addition to rectifying a single transactional relationship.
A sound and perfect contract management system is conducive to the good operation of contract management, and enterprises can design a separate contract management department to manage contracts or decentralize power.
A department has the initiative, other departments have the right to supervise, a sound contract improvement system is inseparable from the right to operate independently and cooperation with other departments, strengthen contract management, strengthen employee awareness.
At the same time, there are corresponding problems during the management of contracts, which need to be addressed in a comprehensive manner. We all know that the problem is not big and small, small and nothing, but increasingly accumulated until the outbreak, after the problem, solving the problem is conducive to the enterprise managers to carry out the later plan.
Enterprise contract management has a very high importance during the development of the economic market, from the legal point of view, the corresponding contract management can solve the legal problems, and from the economic point of view, it can avoid the formation of risks, and maximize the benefits of the economic market.
From the above discussion, a contract is a contract signed by the buyer and the seller after reaching a negotiation agreement, which enables the two parties to carry out economic activities in accordance with the agreed terms in the process of cooperation.
Contract is a very important aspect of the production and operation of enterprises, do a good job in contract management is particularly critical, contract management has the whole process, systematic, dynamic characteristics, good contract management can enhance the economic benefits of enterprises, and non-standard contract management will cause bad economic disputes, resulting in severe economic losses.
Therefore, it is necessary to do a good job in enterprise contract management. And enterprise contract management belongs to a top-down stage, do a good job in contract management can establish a good corporate image, strengthen the internal control ability of the enterprise, and promote the good operation of the economic market.
For enterprises, it is necessary to pay full attention to the role of contract management, understand the impact of contract management in the operation of the enterprise, formulate a sound contract management system, and ensure that the effect of contract management is maximized.