Research On The Legal Application Of The Company Guaranteed Gambling Agreement

In 2019,the Jiumin Summary formally clearly defined the gambling agreement for the first time,divided it into two types: betting with shareholders and betting with the company,and stipulated its effectiveness and performance.However,in the current practice of bet agreement,there is a kind of deformation: company guarantee bet agreement.In form,this kind of bet is against shareholders,but because the company provides related party guarantee,it may produce the same result as company bet.When gambling fails,Jiumin minutes does not regulate it,and the guarantee system only requires the company to directly assume the corresponding responsibility without performing any pre-procedures,so it may result in different handling of the same case,which is not conducive to the fairness and unity of the law.In order to study the legal application of corporate guarantee gambling agreement,this paper first explores the legal relationship and legal basis of corporate guarantee gambling agreement on the basis of analyzing the connotation of corporate guarantee and the nature and type of corporate guarantee gambling agreement.Secondly,through the study of the current legislative situation and judicial practice,this paper makes a typed analysis of the company guarantee gambling agreement and puts forward legal issues,that is,there is no unified legal identification standard in terms of effectiveness at present.There are also difficulties in implementation and there are legal loopholes in the rules of cash compensation for gambling performance in the "Nine people’s Summary";thirdly,a detailed analysis of the effectiveness and difficulties in performance is made,and the causes and specific contents of the difficulties are expounded.Finally,combined with the purpose of the legal norms and the existing rules of the company law,the paper gives the unified validity identification standard and clear suggestions for the performance of the responsibility,including perfecting the legislative rules of the relevant laws,reexplaining the nature of the related guarantee rules,implementing the principle of distinguishing the effectiveness of the contract from the performance of the contract in the judiciary,and using analogical interpretation to lead the company-guaranteed bet agreement to cash compensation and company-to-bet items.Make it subject to the same "performance control",and at the same time learn from foreign sustainable debt principles to promote the performance of the company’s gambling responsibility.