On Legal Regulation Of China's Enterprises Associated Guarantees Perfect

Interrelated guarantee explored in this thesis refers to the guarantee between enterprises that are directly or indirectly related. It is accompanied by the evolution of corporate governance structure and the development of enterprise groups. In market economy, the interrelated guarantee is a normal phenomenon and the necessity and justification for its existence: One hand, interrelated guarantee is linked to the objective needs and an important way of the company to raise capital, The other hand, Because of the design of the system between the shareholders and creditors of the company and affiliated companies inherent imbalance in the relationship between the specific interests linked to the abuse of security could become independent personality shareholders against the company and the creditors of the company interests. It can be said that, it proposed the stern challenge to legal system such as traditional company law, guarantee law, therefore, it is urgent to control interrelated guarantee and causes it to enhance strong points and avoid weaknesses imperative. This article was connected to our country enterprise guarantees and its legislates the rules and regulations as well as connection guarantee dispute processing has conducted some exploration research, and proposed consummated our country to be connected guarantee law regulations some conception and the suggestion.Because the various countries' interrelated guarantee theory system and the judicial practice has respective characteristic, in order to avoid the misunderstanding which because in the concept terminology difference creates, the article first chapter carries on the limits to the correlation concept connotation, and to its characteristic, the function carries on the analysis.The focus of this paper is the second chapter, in carries on the value judgment and in the benefit weight foundation to the interrelated guarantee, proposed the connection enterprise may provide the guarantee to each other, the key lies in legislating the rules and regulations, causing it to enhance strong points and avoid weaknesses.Third chapter, based on the analysis of law regulations in interrelated guarantee in other countries and regions, discuss the core question: How to balances the benefits among the shareholder, the creditor, the enterprise itself. Then I study and dicuss our country's law regulations in interrelated guarantee from our country "Company Law", "Negotiable securities Law", "Guarantee Law".In the fourth chapter, propose countermeasure to enacting and improving rules and regulations. Then the core issues: the interrelated guarantee potency judgement and the invalid interrelated guarantee responsibility undertakes. And proposed the nterrelated guarantee dispute solving method: Seeks the benefit balance between creditor and the shareholder.