基于美国等市场经济国家的立法经验,我国新《公司法》应当对公司为其股东设保采取更加宽松、灵活的态度,更好地实现公司利益、被担保股东利益、未被担保的股东利益和债权人利益的平衡与协调,并明确公司违反法律、行政法规或者公司章程中的例外条款提供担保的法律效果。 Based on the legislative experience of market economy countries such as the United States, the new “Company Law” in our country should adopt a more lenient and flexible attitude toward the company’s guarantee for its shareholders so as to better realize the interests of the Company, the interests of the shareholders being guaranteed, the interests of the unsecured shareholders And the balance of interests of creditors and coordination, and clearly the company violated laws, administrative regulations or articles of association in the exception of the provision of the legal effect of security.