Research On The Effectiveness Of The Company’s External Guarantee

In recent years,the development of small and medium-sized enterprises has received the attention and policy support of the state,from a comprehensive ban to a gradual liberalization to encouraging support in the free circulation of private capital.Through the amendment of the relevant contents of the Company Law,the company is allowed to carry out the guarantee business from the legislative level,and the company’s external guarantee system has also developed from the previous strict prohibition to relative freedom,thus bringing convenience to the financing of the enterprise’s development,which is of great significance and far-reaching significance to its operation and vigorous development.Economic development continues to deepen,the contradiction between complex business activities and single legal norms is becoming more and more prominent,which is influenced by the profit orientation of business activities and the practical life The influence of complexity and other factors,although the law assigns the resolution right of the external guarantee business to the articles of association to the company organ to exercise,it does not give the specific and clear judgment standard to the situation when the articles of association appear the guarantee matter vacancy.The legal representative often exceeds his authority,intends to take advantage of the loopholes in the legal provisions,violates the articles of association to guarantee privately in the name of the company,the validity of the company’s guarantee resolution and the judgment of the relative person’s obligation to examine,etc.In theoretical studies and judicial decisions,There are still differences in the understanding and cognition of article 16 of the law,which leads to different viewpoints competing in the study.There are different judgment criteria for the application of the article,and there is a lack of reasonable and uniform rules of judgment.Therefore,this paper will start from the analysis of the particularity of the legal act of the company’s external guarantee,through a comprehensive search of existing cases in judicial practice,from the To find out the problem and the dilemma of adjudication,and then explore the establishment of scientific and reasonable law application and adjudication rules,at the same time from the perspective of legislation to analyze the advantages of existing laws and the remaining deficiencies,on the basis of affirming the existing value,from the legislative and judicial perspectives,to improve and improve the system put forward reasonable and effective concrete suggestions.Finally,on the basis of fully understanding and overall grasp of the company’s external guarantee behavior,through specific judgment methods and standards to give the relevant parties legal guidance,fundamentally to explore the way to resolve such disputes.