在市场经济环境中，担保是一种非常普遍的现象，它能促进资金的融通，保障债权的实现。但是，由于运作不规范，目前上市公司对外担保所带来的问题日益引起各方人士的忧虑。据不完全统计，自２０００年以来，上市公司涉及诉讼近４００起，有２０％以上的起因是对外担保。另外，? In the market economy environment, the guarantee is a very common phenomenon, which can promote the financing of funds and guarantee the realization of the claims. However, due to the non-standard operation, the problems caused by the external guarantees of listed companies are increasingly arousing the concern of all parties. According to incomplete statistics, nearly 400 litigations have been made by listed companies since 2000, and over 20% of the litigation has been caused by external guarantees. In addition,?