Legal Regulation Research Of Chinese Listed Company's Related Guarantee

It is very common for companies to provide guarantee in China's capital market,especially for listed companies to provide guarantee for subsidiaries and holding companies.If the listed companies use the guarantee properly,they will achieve the multi-win situation,and they will get the commercial convenience in the business process.But if related party use advantages and convenient conditions and manipulation of the listed company,the listed company to form a guarantee intention in violation of the provisions of company law to form an illegal guarantee procedural conditions.Associated guarantees to listed companies with opportunities,but it is undeniable that there are risks,we have to limit violations associated guarantees not only violates the relevant provisions of company law,also has brought listed companies,small and medium-sized shareholders,creditors,and as a result of the capital chain rupture,causing confusion in the capital market in China.Many listed companies are heavily indebted because of their associated guarantees,such as the "guarantee ring" in fujian and the "guarantee ring" in xinjiang.This paper raises the following questions about the related guarantee of listed companies,why the listed companies violate the guarantee,and the reasons behind it;What are the main manifestations of the violation guarantee?It is pointed out that the company law has some shortcomings and loopholes in the guarantee,and puts forward some Suggestions to improve it.The existing legislation can not regulate the behavior of the illegal association guarantee of listed companies.The company guarantee only has article 16,121 and 124.They restrict only the procedural requirements and the amount of guarantee for the security matters;For controlling shareholders make violations such as collateral damage the interests of the company only do principle regulation,problems appear constantly,the judicial practice need,the specification related guarantee behavior of listed companies has positive significance,in addition to the research status of Chinese listed companies associated guarantees to analyze corporate governance mode.Based on the analysis of the specific case the company law about security flaws,thus to improve the corporate governance and Suggestions to establish related responsibility system,strengthen the protection of the listed company.The research methods of this paper include literature analysis,case analysis and comparative analysis.Refer to the literature materials of the listed company's violation guarantee,and refer to the case of the violation guarantee,and analyze the manifestation of the illegal association guarantee of listed companies through the case column.In this paper,the author analyzes how to make the regulation of the foreign exchange guarantee for listed companies,compares the existing laws in China,and puts forward the corporate governance system in line with the national conditions.The biggest innovation of this paper lies in that the balance of the interests of the listed companies,small and medium-sized shareholders,creditors,and at the same time reference other countries legislation system and principle,combining with the listed company associated guarantees the deficiencies,focus on sound associated guarantee legal system,including the legal remedy and relief afterwards two parts.