Study On Legal Regulations Of Interrelated Guarantees In Listed Commpanies

Through the study of related laws and administrative rules and typical cases of the listed company associated guarantee, I found the following questions:First, the legal definition of related concepts are imperfect; Second, there are some conflicts between the laws and administrative rules; Third, these conflicts makes some difficulties in the application of the law and the judicial balance.To solve the problems mentioned above, the thesis is based on our country's legislation and judicial practice, standing on the point of protecting interests between the creditors and the shareholders, analyzing the disputes about legislation and judicial practice of association guarantees, and will put forward some new points in regulating the practice of associated guarantee.The thesis is divided into five parts. The first part analyzes the related concepts of guarantees, founding that certain part of the concepts remain to be improved; The second part analyzes the advantages and disadvantages of associated guarantee, the conclusion is that the listed company association is a double-edged sword, it should not be banned completely, but it needs laws, administrative regulations and the articles to regulate; The third part analyzes the legislation in developed countries and the legislation of our country, founding that although our legislation system has already draw the advanced experience, it also need to be further improved. On the analysis, the thesis chooses "The Company Law", "The Guaranty Law", "The Securities Law" and the administrative regulations, founding that there are conflicts between laws and administrative rules. These conflicts makes some difficulties in the application of the law and the judicial balance; The fourth part analyze " Zhong Fu company guarantee case " and "rainbow group guarantee case" and the court decisions, founding some practical problems, and will put forward some new points; The fifth part is the summary and supplement of aboving parts, based on the analysis of the listed companies in China. The conclusion is that the perfection of the associated guarantees, should not only limited in legislative layer, but also should perfect our internal structure and the whole social regulatory environment.