Legal Validity Of The Company's External Guarantee

In order to effectively promote the free circulation of commodities and the flexible use of funds in the market economy,the Company is able to increase more business opportunities and ensure the normal trading reputation of the Company,so that the social wealth can be rationally distributed and the credit risk reduced,and the Company's external guarantee can be rationally used and regulated It is especially important.China's theoretical circles and practical circles have always been divided on how to determine the legal validity of the company's external guarantee.In terms of legislation,the first paragraph of Article 16 of the "Company Law of the People's Republic of China" amended in 2005 alters the attitude of the previous ban and opens the door for the Company's external guarantee.However,the articles that are taken over are not enough to deal with the complex and changing situations in practice.Especially in judicial practice,reasonable and reasonable refereeing grounds are often used to balance the interests of multiple parties,and many embarrassing cases of "same claimants and different claimants" appear.Not only detrimental to the healthy operation of the market economy,but also detrimental to the dignity of the court.For the reason that,this article intends to start with the "root cause" of judicial practice.Through the analysis and arrangement of big data on the external guarantee cases of the company since the revision of "Company Law" in recent years,from the comparative analysis of all kinds of typical data,Court 's Judgment Tendency and Justification of the Legal Effect of External Guarantee of the Company.It focuses on analyzing the court's judgment logic in different cases and trying to find out the places worthy of reference and the problems worthy of correction.In view of this,this essay dismisses the introduction and conclusion and will be mainly divided into five sections to discuss separately.The big data analysis of the cases related to the company's external guarantees in the past ten years is the first section.On the one hand,it compares and analyzes the referee structures of courts of different levels and the case courts of different company types to find the difference between the court level and the company type.On the other hand,it separately analyzes the logic of the court judging the validity and invalidation of the external guarantees of the company,and finds out the current dilemma of judicial adjudication in our country.The second part and the third part are based on the first part of the data analysis to further distinguish one by one case by case analysis of the judicial practice of the company found that the external guarantees valid reasons and finds that the company's external guarantees invalid reasons and summed up the court to make such a reasonable decision Department and inadequacies.In particular,one of the most controversial referees focuses on the analysis.The fourth part is the focus of this article-through the above summary of the experience and dialectical reasoning of various judgments in judicial practice,this paper puts forward the legal effect of distinguishing the company's external guarantees from the circumstance,and further draws the conclusion that the external guarantee of the Company is valid and effective Invalid specific case.Finally,the fifth part is according to the actual problems in our judicial practice at present,this paper puts forward concrete suggestions on how to perfect the external guarantee system of our country from several aspects such as laws,regulations,relative obligations and corporate responsibility.