On The Cognizance Of The Effectiveness Of Related Guarantee Act

Based on the analysis of the cases of guarantee disputes,this paper finds that the company guarantee behavior in our country often occurs between affiliated companies.The main types of guarantees of affiliated companies in China include mutual guarantees of affiliated companies,mutual guarantees of potential affiliated companies and serial guarantees of unrelated companies.This paper is mainly divided into five chapters:The first chapter is about introduction.This part is mainly about the research background of the validity determination of the related security act.The second chapter is about the typical cases and problems related to the validity of the guarantee behavior.The three cases in this paper correspond to the three types of related-party guarantees respectively.In this part,the typical cases are evaluated by the method of case analysis.Through the case study,it is found that there are problems in the validity of affiliated guarantee.The third chapter is about prerequisites for determining the validity of affiliated guarantees.This part is to clarify the scope of the related guarantee and the effective elements of the related guarantee act.The fourth chapter is about the Judicial Dilemma of the validity of affiliated guarantees.Due to the unclear standard of affiliated company identification and the unclear definition of relative person's review obligation,there are divergences on the validity determination of affiliated guarantees.The fifth chapter is about legal Regulations and Legislative Suggestions on the Validity Recognition of Related Guarantee Act.By sorting out the current legal regulation on the validity of affiliated guarantee,the author finds that it can not solve the problems mentioned in the previous chapter very well.Therefore,China should revise the "Company Law" and the ambiguous areas of relevant laws,expand the scope of compulsory legal norms,clarify the affirmative standards of affiliated companies,improve the information disclosure system to optimize the relativeperson's justice.Environmental Science.The sixth chapter is the conclusion.Through the research on the validity of affiliated guarantee,it is found that mutual guarantee between affiliated companies is often an important strategic means to occupy the market,reduce financing and obtain benefits.However,due to the unclear standard of affiliated company identification and the unclear definition of the review obligation of the relative person,there are differences on the validity of affiliated guarantee.In order to improve this judicial dilemma,we should amend the "Company Law" and the ambiguous areas of relevant laws,expand the scope of compulsory legal norms,clarify the identification criteria of affiliated companies,and improve the information disclosure system to optimize the judicial environment of the relative person.