On The Regulation And Rules Of Interrelated Guarantee In Company In China

The so-called interrelated guarantee, which is the guarantee， exploring betweencompanys with direct or indirect relation, it not only includes the mutual guaranteeexploring the company with connection relationship in form, also includes may nothaving, but in essence still belongs to mutual guarantee because of its connectedrelationship. Compared with the general guarantee, the most difference between themis the particularity of guarantee subjects. In the related guarantee, the subjects areconnected companies, these companies in law with independent personality. But inreality, because the special relationship existed like the funds, the management, theequity between the subjects，so it is easier access to guarantee than those not having.On the other hand the controlling shareholders may use the special relationship toform the domination and subordination between them, leading guarantee related tobecome an important channel delivery interests. But the traditional law, such ascontract law, guarantee law, facing this kind of situation is generally helpless. Inaddition, the related guarantee is more common and the transaction scale larger thangeneral guarantee. Therefore correlated guarantee is more harmful in companytransaction security. Related guarantee, closely related with the produce of theconnected company, is a normal economic phenomenon. The phenomenon has itsnecessity and rationality of existing in improving the company management level,market competitive power and the overall strategy. But we also should see the unfairinterrelated guarantee to the current market economic environment devastating.Therefore, special rules are made. But there still are many problems in related legalsystem, which lead unfair interrelated guarantee common exist，even having expandtrend. Unfair interrelated guarantee damages our company independent personalitysystem, also violated the company, other shareholders even creditors interests. A coinhas two faces, so how to prevent the unfair interrelated guarantees by the law, is apressing issue and complex problems in the legal theory.After stating around the regulation of the interrelated guarantee especially theunfair, the paper will put forward the related legal advices suitable for our country, in order to protect company, the other shareholders even creditors interest, based onexamining and analyzing the other countries and areas’ relevant system.According to this thought, this whole paper will be divided into five parts:The first part is the analysis to current related legal system, then puts forward theproblems.The second part introduces other countries or areas’ relevant law regulations.The third part firstly contrasting the related legal system between our countryand other countries or areas,then reasoning and giving the general idea of regulationto our country interrelated guarantee.The fourth part is based on the third part putting forward to the suggestionperfect our current legal system.Final part of this paper is a summary.