Studies On Creditors' Examination Duty In The Company's External Guarantee

There are different opinions in both theory and practice fields on whether creditors in the company's external guarantee has the examination duty and how to define the standard and scope of the examination duty,so it leads to the different judge criterions of courts at all levels,and sometimes even the same court has inconsistent judgments.Creditors' examination duty is of practical significance to the settlement of disputes in company's external guarantee cases,and its existence also has the legal basis,legislative basis and foreign legislative basis.Therefore,in order to realize the fairness and justice of judicial adjudication and unify the understanding of creditors' criterion in the theoretical fields,we should establish a perfect system of creditors' examination duty,make it clear that the creditors has the formal examination duty and clarify the scope and content of the examination duty.Meanwhile,given the different organizational structure and different subject of interest protection between listed companies and non-listed companies,the formal examination duty of the creditors should be differentiated.For listed companies,the creditors should have a higher standard formal examination duty.Finally,after determining the scope of the creditors' examination duty,the legal consequences of the creditors when they fail to fulfill the duty should not be generalized,but discussed in different situations.