Corporate Chengbao Contracts

Besides the preface and the conclusion, the dissertation could be divided into four chapters.The author tries to discuss the concept and the legal status of corporate Chengbao contracts in the first chapter. Chengbao gave birth to corporate Chengbao contracts. However, the relationship between Chengbao and the authorities suppresses the development of corporate Chengbao contracts. Legal-missing Chengbao has little to do for the analysis of corporate Chengbao contracts. Therefore, consulting three typical corporate Chengbao contract cases, the author practically construes the corporate Chengbao contracts including its characters, definition and legal relationship. In addition, after comparing traditional civil trust, commercial articles of incorporation and shareholders'agreements with corporate Chengbao contracts, the author finds the position for corporate Chengbao contracts to settle down within the traditional private law system—articles of incorporation and shareholders'agreements. Thus both the legal status and legal analysis value of corporate Chengbao contracts are affirmed.The author further analyses the validity of corporate Chengbao contracts in the second chapter. The arguments of the validity between the exponents and scholars highlights corporate Chengbao contracts. Invalid party, valid party and middle party all have their own reasons, so unity of views is still far away. However, only have we drawn a scientifically reasonable conclusion for the validity of corporate Chengbao contracts, could it be necessary for us to go on with our discussion. After arguing against the popular views of the validity of corporate Chengbao contracts, the author gets to the point that there is a lot to do before defining the validity of corporate Chengbao contracts exactly. In fact, corporate Chengbao contracts are very complicated. Not only have we to analyze the articles of corporate Chengbao...