On The Legal Issues Of Cooperate Guarantee

With the company's development and expansion,so that the continuous progress of human civilization,as a market economy,more and more active body of the legal person,the company's security capabilities have been recognized by more countries.In commercial transactions,the operation of the company not only affects their own interests,but also relates to the vital interests of their shareholders.China's 2005 "company law" first affirmed the ability of the company's external security,the sixteenth is to determine the guarantee ability of company,and make certain restrictions on it in the decision-making organs,limit and so on,these advances are precious.However,on the whole,the provisions of article sixteenth of the company law in 2005 is more general,which needs to be further subdivided in practice.In this paper,the reality of the case as the object of analysis,the 2005 "company law" sixteenth as the context of the text throughout,through theory and practice to study the company's security issues.The first part of the article explains the background and significance of the article from the perspective of the changes of law and judicial practice.The second part introduces the research case,the court summarized three different judgments on the case after the introduction of Xinze manganese industry limited company external guarantee of the case,according to the judgment and refine ideas of trial court of similar guarantees focus in the trial of the case and the court.The third part of the first meaning and type of guarantee system is explained by changes;followed by the Supreme People's court announced the four typical cases to witness the guaranty system of company;finally return to the case of this research,three times on the ruling order of.The fourth part mainly from the 2005 "company law" of sixteenth,with several focus problems in this case on the law content one by one analysis,from the understanding of law dispute in the case of the problems discussed.The fifth part is based on the cases and theories discussed in the previous chapter,and puts forward some reasonable and feasible suggestions for the company law in 2005.