A Study On The Effectiveness Of Company 's External Guarantee

Abstractly speaking, Organization Roles is the combination of BehavioralTheory and Rule Theory. From aspect of concrete contents, it contains Company Law,Regulations, Shareholders’ Agreement, Partnership Act, Partnership Agreement, etc.From aspect of specification property, it combines the enforceability and arbitrariness.So, understanding the nature and boundaries of Organization Roles is important toanalyze Company External Gurantee System. The Article of "Company Law of thePeople’s Republic of China" is the main clause of Company External GuranteeSystem, but this clause is an incomplete ordinance. Because of uncertainty ofspecification property, it arouses controversy between Practitioners and Theorists.Moreover, Article of "Contract Law" provides that the contract concluded inviolation of the compulsory provisions of the law and administrative regulations isinvalid. Also, judicial interpretation of "Contract Law" explains "mandatoryprovision" as "effective provision", which breaching legal compulsorystandardization leads to invalid legal consequences. Due to hot topic about effectivemandatory provision or regulatory mandatory provision of Article and no clearstandard about effective mandatory provision, judicial interpretation plungedapplication ofArticle into a sticky situation.In the course of writing, it is used in many research methods, such ascomparative analysis, empirical analysis, legal interpretation and legal loopholessupplements.The paper begins from the nature and boundaries of Organization Roles, bystudying experience of two legal systems and analyzing status quo of CompanyExternal Gurantee System, it tries to seek out the proper location to CompanyExternal Gurantee System. This paper has three main parts: introduction, body andconclusion. Wherein the body includes four parts:Part One presents basic theories about the nature and boundaries of OrganizationRoles. In this part, through expounding concepts, functions and characteristics ofOrganization Roles, and then clearly defining its nature and boundaries, it finally triesto seek out proper theoretical location for Company External Gurantee System.Part Two analyzes the nature and boundaries of Company External Gurantee System. In this part, it expounds basic meaning, properties of Company ExternalGurantee System, as well as constrasts between Continental Legal System andCommon Legal System, which makes Company External Gurantee System ascharacteristics of Organization Roles.Part Three presents status quo of Company External Gurantee System in China.In this part, it firstly introduces legislative background of "Company Law of thePeople’s Republic of China". Based on this background, it analyzes the inheritance,development and change of China’s Company External Gurantee System. Then,against legislative background of presenting Article of "Company Law of thePeople’s Republic of China", it analyzes existing problems and substance of China’sCompany External Gurantee System.Part Four is the developing analysis about China’s Company External GuranteeSystem. This part is the most important thing and innovation point in this paper.Through inspecting legislative situation and social reality in our country, also throughborrowing advantage of two legal systems to Company External Gurantee System, itfinally forms rational knowledge of China’s Company External Gurantee System.Part Five is the conclusion, which summarizes contents of this paper.