The Legal Analysis Of ZhenBang Joint-stock Company Guarantee

Against fierce competition, the company must have financial support to seek development. But the company are often required to provide security for its large amount. So the company guarantee plays an important role in economic dealings. Though, the company law in our country have some rules about it, the law is not perfection, leading to controversy when it comes to interpreter the academic circles of certain provisions. And also in the judicial practice, there have many differences and contradictions. For this reason, this article embarks from the latest guarantee case which the supreme people's court announced, focusing on flash-point in case, in order to clarify the company's legal relationship in external guarantees. That will help to solve the long-term controversy problem, so as to establish and improve the company guarantee system in China.In addition to the introduction, this paper is divided into three parts:the second chapter, briefly describes the basic facts of the case involving in ZhenBang company's guarantee. According to the result of the judgment of the court, this paper concludes the focus of dispute in the case, there are defined the quality of article 16 of the company law and review obligation of security right person. The third chapter, briefly deals with the basic theory of corporate external guarantees, mainly analyzes the nature of the specification of article 16 of the company law and security right people in the company's external guarantees review obligation, lists different theories about the focus problem, compares the judicial practice to the focal point of concrete practice. In the end, this paper argues that the first paragraph of article 16 of the company law is a random norm, and the second, third paragraphs are administrative compulsory norms, and the secured party shall have the obligation to review form. The fourth chapter, analyzes ZhenBang joint-stock company guarantee case and some suggestions are put forward. The case as the supreme people's court released the latest company guarantee case, the direction of the judgment result is reasonable, it has reference significance for subsequent judicial practice. But, the company law about the provisions of the guaranty system of company is fuzzy, the phenomenon of "different...