摘要
上市公司违规违法担保,作为交易行为具有相当合理性,因而无法禁绝。但数量过多、数额巨大的违规违法担保行为,必然引起诉讼群化,使上市公司经营活动需要的物力、财力资源,以及管理资源迅速丧失。*ST托普因为严重违法违规担保,导致债权人追讨债务的诉讼群化,借助司法力量,很快使其失去生存、发展的基本条件,这种超常违法担保行为实施结果,从规范市场行为和控制上市公司风险两方面,具有典型性和个案说明价值。
It's a rationalistic action when a listed company secured any debts of business deal acts in break the law, so you can't absolutely prohibit it, But, it can assemble a great deal causes in short time, and high-speed throw away its' material, human and management resources as so as a very big in quantity and in number while the illegal acts of a listed company. * ST TOP (a listed company since Sichuan Province PRC, it had withdraw from Shenzhen Stock Exchange in 21 May 2007) lost immediately its' existence and developmental essential element, because it dispensed a lot of behavior in break the law seriously. And the debtee of * ST TOP run after the debts from its' ensure actions, loans and transaction, and the intensive cases draw assistance from juridical strength to indict * ST TOP in break the law. It' s a typical example, and can proof the value of two points--the administrator must strict restrain the market acts and across-the-board control any risks from a listed company.
出处
《法学家》
CSSCI
北大核心
2007年第4期64-70,共7页
The Jurist
关键词
上市公司
担保违法
诉讼群化
典型价值
listed company
secured in break the law
assemble a great deal causes in short time
the value ofa typical example