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Discussion on Knowledge Management Part 1 and 2

The so-called knowledge management refers to a mode in which various information and materials owned and acquired by individuals are transformed into valuable knowledge, classified and stored, and relevant knowledge can be quickly and accurately found and used when needed for work. It mainly includes knowledge collection, knowledge sorting, knowledge sharing and knowledge output. Through such knowledge sorting, on the one hand, numerous scattered knowledge can be systematically connected to improve the team's ability to analyze and solve problems; on the other hand, regular knowledge can be summarized from specific to general to guide daily work and improve overall work efficiency.

I. Operation Process of Knowledge Management

(I) Knowledge Collection

The premise of knowledge management is to have "knowledge", and any knowledge has a certain carrier. For the main work we are currently engaged in, the knowledge to be collected mainly includes relevant laws, regulations and policies, cases, professional articles, etc. Such knowledge can be obtained mainly through the following channels:

1. Collection of Laws, Regulations and Policies


  • Official websites of various legislative bodies: people's congresses and their standing committees at all levels, government departments at all levels, people's courts at all levels, people's procuratorates, etc.;
  • Various legal databases: China Law and Regulation Retrieval System, Legislative Affairs Office of the State Council, Pkulaw, Law Library of China, etc.;
  • Official websites of various government departments, which generally have a summary of laws, regulations and policies for a certain industry or professional field: China Securities Regulatory Commission (CSRC), China Banking and Insurance Regulatory Commission (CBIRC), Ministry of Agriculture and Rural Affairs of the People's Republic of China, Ministry of Natural Resources of the People's Republic of China, etc.


2. Collection of Cases

In view of the needs of work, the cases we need to collect in current work usually include judicial cases and listing or OTC listing cases.


  • Listing or OTC listing cases: CNINFO, websites of Shanghai and Shenzhen Stock Exchanges, East Money Information Co., Ltd., National Equities Exchange and Quotations (NEEQ), etc.;
  • Judicial cases: China Judgments Online, official websites of people's courts at all levels, Wusong Law Database, etc.


3. Collection of Professional Articles


  • Various search engines: such as Baidu, Google, etc.;
  • Various literature databases: Chinese databases such as CNKI, Wanfang Data, Duxiu, etc.; foreign literature can be queried on databases such as Westlaw;
  • Various professional websites: China Civil and Commercial Law Network, China Private Law Network, etc.


With the rapid development of mobile phones and the Internet, there are more and more ways to collect knowledge, and time and space are less and less restricted. As long as you are attentive and willing, knowledge collection can be done anytime and anywhere.

(II) Knowledge Sorting

Knowledge collection is only the first step of a long march. The main thing is to sort out the collected knowledge. To sort out knowledge, the first step is to classify it. In view of the main nature of our team's work, I think we can classify and sort out knowledge from the following two aspects:

1. Classification and Sorting by Different Industries

Judging from the projects we are currently undertaking, the industries we have been exposed to include the medical industry, electronic industry, film and television industry, etc. Therefore, we can sort out and analyze relevant industry knowledge according to the statistical classification of listed or OTC listed companies by industry, combined with the projects we actually engage in, and in accordance with the ranking of the number of listed or OTC listed companies in each industry. This includes classifying and sorting out laws and regulations, industry policies, operation processes and other relevant industry knowledge of the industry to form a systematic understanding of the industry and guide specific work.

2. Classification and Sorting by Different Practical Topics

In legal practice, we will encounter various problems, and different types of problems require us to understand and master different knowledge. Therefore, we can analyze and study practical problems from three levels: relevant laws and regulations, practical cases and theoretical knowledge, forming a system from point to line to surface.

The collection and sorting of knowledge is not just for simple knowledge accumulation, but more importantly, to enable us to find and apply it in the shortest time when we need it. Therefore, how to organize and sort out knowledge is particularly important for us. When there is no special knowledge management system available for us to use, I think the simplest and most convenient way is to sort out knowledge in the form of a directory structure diagram ——"Root Directory - Subdirectory - Grandchild Directory - Great-grandchild Directory" (it is recommended to adopt a maximum of four-level arrangement), which requires us to have strict naming rules for files.

For example: When sorting out knowledge on the practical issue of "The Impact of the Subscription System for Registered Capital on Practical Work", the "Root Directory" folder can be named "Company Law Special Topic", then "The Impact of the Subscription System for Registered Capital on Practical Work" can be identified as one of the "Subdirectories", and then three files "Relevant Laws and Regulations on the Subscription System for Registered Capital", "Relevant Cases on the Subscription System for Registered Capital" and "Sorting out Relevant Knowledge on the Subscription System for Registered Capital" can be used as "Grandchild Directories" respectively.

For the naming rules of laws and regulations, we can follow the rule of "Legislative Subject + Name of Regulation + Implementation Time", and then arrange them according to different levels of effectiveness; for typical cases, the naming rule for litigation cases can follow the rule of "Court of Trial + Focus of Dispute in the Case"; for listing or OTC listing cases, it can follow the rule of "Securities Abbreviation of the Company + Prospectus/Public Transfer Instruction/Legal Opinion".

In addition to summarizing and sorting out the above collected knowledge, we can also summarize the experience, lessons, methods, etc. in our specific non-litigation work, and refine standardized work processes and standardized documents to improve the overall work efficiency of the team to the greatest extent:


  • In non-litigation work, due diligence is often required. Commonly used websites for due diligence inquiries mainly include: Enterprise Credit Information System Inquiry, National Organization Code Management Center, China Judgments Online, China Collateral Registry, National Court Judgment Defaulter Information Inquiry, Trademark Office of the State Administration for Industry and Commerce, National Intellectual Property Administration, China Land Market Network, etc.
  • Any work has its methods and rules to follow, and the same is true in the process of non-litigation due diligence. After completing each corporate project, we can sort out and summarize the problems encountered in the process of completing the non-litigation project, as well as the investigation methods and ideas adopted in the due diligence process, extract the commonalities as the standards and requirements for our due diligence, and then form our own work manual to better guide our work.
  • In the process of non-litigation work, we need to make various legal documents, some for investigation, some for regulating corporate governance, and some for evidence use, etc. We can sort out a set of relatively universal templates for commonly used documents in non-litigation practice in combination with specific practical operations, so as to apply them in different project companies and improve overall work efficiency.


(III) Knowledge Sharing

Regarding knowledge sharing, I divide it into two aspects: one is solidified sharing; the other is interactive sharing.

1. Solidified Sharing

The so-called solidified sharing refers to a way of centrally storing sorted knowledge in cloud disks, hard disks and other tools, which can be accessed and learned by everyone at any time and continuously supplemented and improved. Adopting such a method, on the one hand, it is convenient for everyone to view and use at any time; on the other hand, if anyone is interested in a certain issue, they can also easily supplement and improve on the basis of the original achievements. With such gradual accumulation, we can slowly form our own knowledge base (including legal database, case database, document database), and when a certain accumulation is achieved, a special knowledge management system can be adopted for management.

2. Interactive Sharing

The so-called interactive sharing refers to a way for everyone to jointly discuss and learn the sorted knowledge achievements through centralized exchange and discussion. That is the knowledge sharing we are currently doing. In order to better achieve the effect of sharing and learning, the following two points need to be achieved:


  • For those who sort out and share knowledge, after completing the knowledge sorting, they should send the achievements to the recipients before sharing, so that they can understand the main content and put forward their own doubts and puzzles. Only by communicating and discussing with questions can they gain something from learning.
  • Follow up on the problems feedbacked in the discussion in a timely manner, and further think and learn about the places that are not understood in the sharing in the subsequent work.


(IV) Knowledge Output

The so-called knowledge output refers to the process of combining sorted knowledge with specific practical work or disseminating sorted knowledge to others through certain forms.

1. Combination with Work

We collect and sort out knowledge because we encounter certain problems or puzzles in actual work, and ultimately it should be applied to the solution of specific problems. Just as cognition comes from practice and practice guides cognition, our knowledge should also go through a process of "Application - Accumulation - Sharing - Application".

2. External Output

After our accumulation reaches a certain level, we can also establish our own social platform circle, further process our sorted knowledge achievements, output them to the outside in various forms, share and interact with others, and form a good cycle of knowledge.

II. Main Tools Used in Knowledge Management

Sharpening the axe before cutting wood makes the work easier. In order to better do knowledge management, we can use the following tools:

(I) Tools for Sorting Knowledge


  1. FreeMind/XMind: Both are mind mapping software. With the help of this software, we can visualize and structure our understanding and cognition of knowledge, helping us intuitively understand and master a certain knowledge or topic as a whole.

  2. EDraw Max: This is a practical drawing software, which can help us draw various flow charts, organizational structure charts, legal relationship understanding charts, etc. conveniently, making complex knowledge displayed vividly and intuitively in front of us.

  3. Everything: This is a retrieval software that can help us retrieve files stored in our computers in the shortest time.


(II) Tools for Knowledge Sharing


  1. Various Network Cloud Disks: Current cloud disks have large capacity, high security, are convenient for timely access and learning, and can also back up and preserve knowledge.

  2. Mobile Hard Disks: For people who often go out for projects, poor network conditions may occur sometimes. Therefore, in addition to network storage or backup, certain physical backup is also quite necessary.



Conclusion

A journey of a thousand miles begins with a single step, and a river is formed by the confluence of countless small streams. Knowledge management cannot be achieved overnight; it is a process of long-term accumulation that requires a certain amount of quantitative change to trigger qualitative change. In this long-term process, how to make knowledge sorting more logical and systematic, how to maintain the continuity of knowledge management, and how to build our knowledge management system are all problems that we need to gradually think about and solve in specific practice.

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