公司治理视角下上市公司对外担保法律问题分析-analysis on legal issues of listed companies external guarantee from the perspective of corporate governance.docx

间的必然联系。在阐述上市公司治理机制的不足之处时从内部存在的股权、董事会、监事会的问题以及外部的法律环境、社会中介机构质量等方面入手，全面细致，有 力的支持了上市公司对外担保必然受到公司治理结构影响的观点。第四章在前章的基础上，针对上市公司所面临的担保风险，从完善公司内部治 理结构和强化外部治理机制两方面进行论证，设计了具体的应对担保风险的措施， 并在法律层面上寻求更加完善的考量。关键词：上市公司公司治理结构对外担保风险AbstractThe phenomenon of listed company provides guarantee for external corporations is very common in capital market. Listed company is the best choice of acting as guarantor for its high transparency in finance, operation and abundant capital. Nevertheless, the development of Chinese capital market is not mature, that lead to the business of external guarantee is not very standardization. Since the beginning of the business of listed company’s external guarantee, it experiences two different periods. That is, the period of controlling guarantee issues by big shareholders and the period of guarantee circle. No matter which period has caused indelible negative influence on listed company. Thus, many of them even trap into a prolonged predicament, struggle with illegal guarantee disputes and litigation which had made a serious impact on companies normal operation,such as near the edge of been delisted. Listed company’s external guarantee trade has beautiful future, but faces challenges in short term. Such as, how to iron out current problems and how to prevent business risks .therefore, the practical extent has paid more and more attention on listed company’s external guarantee. This paper will discuss listed company’s guarantee in the perspective of corporate governance.This paper consists of four chapters.The first chapter mainly discusses essential issues about company’s guarantee, including the origin, development and Function of the guarantee system. This part analyses the different stipulation about external guarantee in old and new Chinese Company Law, then introduces listed company external guarantee and its legal character, special legal provision.The second chapter roughly outlines the current situation, present hazard and chief legal problems abou