上市公司的担保行为在目前证券市场上普遍存在。市场经济环境下担保本来是可以减少交易风险、促进资本市场发展的正当市场行为，但是目前在上市公司提供担保的实践活动中，因担保而引起的纠纷不断发生。这主要是因为上市公司提供担保的行为能力存在缺陷，相关的公司和证券法律 The guarantee behavior of listed companies in the current stock market ubiquitous. Under the market economy, the guarantee was originally a proper market behavior that can reduce the transaction risk and promote the development of the capital market. However, in the practice of providing guarantee for the listed company, disputes caused by the guarantee occurred constantly. This is mainly because of the deficiencies in the listed companies' ability to provide guarantees, the relevant companies and securities laws