Research On Legal Issues Related To Company Ultra Vires Guarantee In My Country

Company as an indispensable subject in China's market economy.Under the catal ysis of market economy.The company external guarantee has gradually entered the pu blic.In our country,the legal system of external guarantee has been in a state of"silence".While the Western developed capitalist countries has long been recognized the importance of corporate guarantee to economic development.Driven by the market,Constantly improved and developed the system of Company guarantees,it's more suitable for legal system of all countries national circumstances.Look back our country situation,It breaks the ambiguous situation of this system until the introduction of Article 16 of the Company Law in year 2015.But there are many details do not stand up to scrutiny because of the Simple fuzzy regulations.It has not only brought to the forefront in the theoretical circle and In a heated discussion,but also made different judges have different interpretations on it.So it appears the serious phenomenon of "different sentences in the same case" in China's judicial level.This damages the image of our country judicial justice and is very disadvantageous to the legal construction of our country.In view of this phenomenon,This article starts from the theoretical significance of the company's external guarantee,studies the legislative process of the company's external guarantee and specific performance of Company's unauthorized guarantee;analyzes the practical significance of the company's overstepping eternal guarantee.On the premise of leaarning advanced western idears,In-depth Analysis and Understanding Cina's Laws and regulations,On the basis of Different opinions in the academic community,Append the summary trendency in judicial cases.Thus put forward our thoughts and opinions about how to improve our country company external guarantee.The purpose is to amend the defects in Article 16 of China Corporation Law,Clarify company's external guarantee resolutions institutions,and legal consequences caused by violating this articles;The premise of respected Corporstion Law as private law system,Mainly to repair the contents of articles of association.Based on improveing corporation internal supervision and review mechanism,Legal restrictions With complementary.Control this type of behaviour start from the source.Perfecting the external security construction of our Relevant Companies.For contributing the legal society of our country is also escort protection of economic development.