Guide: This model paper on enterprise law has about 3000 characters. The main topic is "Research on Legal Risk Management of Power Supply Enterprises and Legal Risk Prevention of Electricity Fee Recovery". Strengthen legal risk management, clarify legal risk management principles, carry out legal risk identification, assessment, control and prompt, develop legal risk management strategies, and effectively respond to typical cases such as electricity bill recovery.
Author: Li Luwei
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(Enterprise Law Thesis) Research on Legal Risk Management of Power Supply Enterprises and Legal Risk Prevention of Electricity Fee Recovery
1、 Legal risk management
Legal risk refers to the possibility of negative legal consequences in the process of production, operation and management due to their own and various stakeholders' failure to act or not act in accordance with legal provisions, regulatory requirements or contractual agreements, or the external environment and its changes. Legal risk management refers to carrying out risk assessment, monitoring and control, and establishing a long-term mechanism for legal risk prevention based on the identification of various legal risks involved in the company's business activities,
Integrate legal risk management and business management, take effective measures to avoid or reduce legal risk, improve the effectiveness of legal risk management and control, reduce the adverse impact of legal risk on the company, and constantly improve the level of corporate governance according to law. In practice, legal risk management should adhere to the principles of "three guarantees and five dependencies", "prevention first", "headquarters leading", "coordinated control" and "directors responsible".
2、 Legal risk management workflow
（1） Legal risk identification
The legal risk management department shall, based on the position and business process, organize the business department to collect the legal risks existing in the actual work by studying and judging litigation cases, historical data of non litigation disputes, special subject research, business data collection, questionnaires, interviews and discussions. The organization defines, describes and classifies the found legal risks, analyzes the potential legal liabilities, consequences, etc., and summarizes them to form a list of legal risk information.
In order to ensure the comprehensiveness, accuracy and systematicness of legal risk identification, a legal risk identification framework that meets the needs of its own operation and management should be established. The framework should include relevant perspectives to facilitate the identification of legal risks, including but not limited to the following aspects: the main operation and management activities of the enterprise; Enterprise organization setting; Stakeholders; Causes of legal risks; Responsibility after the occurrence of legal risk events; Different legal fields; Laws, regulations and rules; Past cases, etc.
（2） Legal risk assessment
Legal risk assessment refers to the process of identifying and analyzing legal risk matters related to the production, operation and management of the unit, evaluating the risk impact and determining the risk level based on the legal risk database. Legal risk matters should be evaluated according to "two dimensions", and each dimension should be scored high, medium and low. Two dimensions are: the possibility of legal risk; Impact degree of legal risk. For the possibility of legal risks, all factors should be considered comprehensively,
The probability of occurrence shall be described and evaluated in an inspectable manner as far as possible. The extent of legal risk impact should be assessed from the amount of property losses, the size of non property losses (corporate reputation, image, scope of business activities, etc.) and the scope of impact of losses (regional scope, type of legal liability, etc.).
（3） Legal risk control and tips
Legal risk control is based on the analysis and judgment of legal risk and its level, taking corresponding measures against major legal risk or legal risk events to control legal risk within an acceptable range. The centralized management department of legal risk can issue legal risk reminders to relevant business departments and responsible units for the following matters: changes in laws and regulations that may have a significant impact on the reform and development of the company;
Handle major and typical legal disputes, or important legal risks found in system construction, contract management, legal protection of bidding activities, and legal protection of intellectual property rights; Legal risk matters that are not included in the legal risk control plan or need to be adjusted urgently, such as risk assessment and control measures; The implementation of legal risk control plan is not timely, and the implementation of control measures is not in place; Other matters that really need to be given risk warning in the process of legal protection and service.
（4） Legal risk management strategy
The management of legal risk can adopt strategies such as avoidance, transfer and assumption of legal risk. Avoidance of legal risk refers to avoiding or mitigating losses by abandoning or preventing actions or business activities that lead to the consequences of such legal risk. The transfer of legal risk refers to the transfer of all or part of the consequences of legal risk to other parties by purchasing insurance, outsourcing business, etc.
The assumption of legal risk refers to taking the initiative to assume legal risk when the legal risk event that has occurred cannot be avoided or transferred to reduce losses. The management strategy of legal risk shall be subject to legal argumentation, jointly studied and judged by the business department and the legal risk centralized management department, and submitted to the legal risk management leadership and coordination organization of the unit for approval; For legal risks within the scope of "Three Importances and One Large" decision-making, the leadership should make collective decisions on risk management strategies in accordance with the requirements of decision-making norms.
3、 Legal risk management of electricity charge recovery
Affected by the downward pressure of the domestic economy, the current situation of electricity charge recovery is not optimistic. We must properly handle the legal dispute cases of electricity charge recovery, prevent the company's business risks, and safeguard its legitimate rights and interests. The legal risks of electricity charge recovery mainly include: the legal risks of electricity charge collection, the legal risks of electricity price implementation, and the legal risks of accounting management of electricity charges actually received.
（1） Forms of expression: First, in the process of collecting electricity charges, it failed to collect electricity charges accurately, in full and on schedule, issue electricity invoices and corresponding charging vouchers; Illegal reduction or exemption of electricity charges receivable, resulting in economic losses to the company; Second, the management of electricity charges was not in place, which led to the failure to arbitrarily reduce and remit the liquidated damages of electricity charges in the management of the liquidated damages of electricity charges. The liquidated damages of electricity charges were used to offset the actual payment of electricity charges.
（2） Risk causes: First, in the management process of electricity charge accounting, the staff's lack of sense of responsibility and management led to meter reading errors, billing parameter errors, metering device failures, default electricity consumption, electricity theft and other problems; Second, when initiating the reimbursement process of electricity charge, it was not handled after level by level approval, which brought economic losses to the company; Third, affected by the overall economic environment, "three removal, one reduction and one compensation" and other macroeconomic policies, some important industrial users have large amounts of electricity bills in arrears.
（3） Countermeasures: First, charge basic electricity fees for large industrial users in strict accordance with relevant national regulations. Second, we should strictly implement the national electricity price guidelines, policies and regulations, safeguard the interests of the state, power supply enterprises and power customers, and strictly enforce electricity price discipline. Third, for customers who pay electricity charges overdue, the amount of liquidated damages calculated in the marketing information management system shall prevail for collection and cancellation; Charge liquidated damages for electricity charges in strict accordance with the charging period,
No one is allowed to reduce or modify the amount of liquidated damages without authorization; According to the classification, payment method and arrears of customers, formulate the expediting strategy (including the expediting plan, expediting method, etc.), and collect according to the expediting strategy. According to the law, electricity charges shall be collected by means of power failure, payment of debts with goods, legal means, and bank credit warning; For customers who are in arrears or have power cut after arrears, each unit must sign a repayment agreement with the customer,
Regularly perform reconciliation system with customers and urge customers to repay on schedule; For users who have already paid for electricity, power supply shall be restored immediately after the electricity bill is received. Fourth, we carefully sorted out the basic file information and contract information of key and difficult arrears customers, saved and collected effective evidence such as the notice of urging fees, the notice of power failure, the confirmation of arrears, and the repayment agreement, and protected the rights and interests of state-owned assets.
（4） Disposal of legal disputes over electricity charge recovery
1. Collection of evidence: The rule of proof for disputes over power supply and consumption contracts is "who claims, who provides evidence". When a power supply enterprise sues the power user to pay electricity charges, it shall submit the Power Supply Contract, the Power Charge Settlement Agreement, the Minutes of Meeting and other evidence materials that can prove the existence of a legal and effective power supply and consumption contract relationship between the two parties. The written repayment agreement signed by both parties, the unilateral payment commitment issued by the electricity user or the minutes of the electricity payment meeting organized by the relevant government departments can prove the fact that the electricity user is in arrears.
The electricity bill stamped by the power supply enterprise and the details of arrears issued by the power supply enterprise can prove the amount of electricity bills owed by the power user, the time of payment and the time of starting the calculation of liquidated damages. Electricity price documents issued by the state and other evidence materials that can prove the legality of electricity price implementation. For residential power users, submit power use registration cards, power purchase certificates and other evidence materials that can prove the existence of a factual power supply contract relationship between the power supply enterprise and the power user.
For non resident electricity users, in the absence of written evidence such as power supply contract and electricity fee settlement agreement, they can submit payment vouchers such as electricity fee invoices, bank transfer vouchers for the payment of electricity fees by the electricity users, electronic data for the payment of electricity fees such as Alipay, and photos of the actual electricity consumption of the electricity users on the site, which can prove the existence of the factual relationship between the power supply enterprise and the electricity users in the power supply contract. Other relevant evidence.
2. Other ways to recover electricity charges by legal means: when there is evidence proving that the user is unable to pay the due electricity charges, the power supply enterprise can negotiate with the user to sign an agreement similar to paying debts with goods after performing necessary legal review, and claim the creditor's rights of electricity charges according to the agreement. If the power supplier has signed and notarized the electricity fee repayment agreement with the user, it shall directly apply to the people's court with jurisdiction for compulsory execution in accordance with the notarized credit document.
If it meets the conditions, it can apply to the basic people's court with jurisdiction for a payment order: there is no other debt dispute between the power supplier and the user; The payment order can be delivered to the user. If the payment order is invalid and transferred to the proceedings, the litigation rights shall be actively exercised.
4、 Conclusion
Power supply enterprises should, on the basis of conventional legal risk management and control, promote a number of measures, such as legal risk reminder, consultation on major legal risk issues, fund and personnel security, research on special topics of legal risk, and information management, establish and improve a long-term mechanism for legal risk management, and avoid legal risks such as disputes over electricity charge recovery.
reference:
Guiding Opinions of State Grid Corporation of China on Handling Legal Disputes over Electricity Charge Recovery (State Grid Law [2015] No. 751)
Notice of the State Grid Corporation of China on Printing and Distributing the Legal Risk Management Measures of the State Grid Corporation of China (Trial) (State Grid Law [2016] No. 488)
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