| As a new type of credit guarantee model, independent guarantee has been developing and maturing in the international trade practice in post WWII era. As an independent commitment from guarantor to the beneficiary, it breaks through the affiliation attribute of traditional guarantee and presents its brand new features. Although there are still various understandings in academic field to this model, it has been applied widely in international trade for the sake that it can make up the loophole twined with traditional guarantee and the related international practice and legislation are tending maturity and perfection. As for our country, article 5 of Guarantee Law of PRC, in principle legitimatize the independent guarantee , but in practice a demarcation of international and domestic trade has been drawn with different treatment which endangered its legitimacy. For the civil law research, it is only the start of the exploration of independent guarantee; it is not matching the practical development of the independent guarantee. For the foresaid purpose, this article makes some rough discussion and exploration of this unique system. The structure of this article is as follows.Analyzed from the general application of the credit guarantee in international trade, the caption part covers the general process of the birth of independent guarantee system as well as various effort made by international community for its unification.Chapter 1 mainly introduces the concept and feature of independent guarantee, first the terms in the article is categorized, based on the comparison; a new definition of independent guarantee is crystallized. In section 3, we discusses the independence, negotiability, unconditional-ness and non-revocability and come up with our own view upon that.Chapter 2 discusses the breakthrough of traditional guarantee system and its reason for the independent guarantee. Author of this article is in the opinion that independent overthrow the traditional understanding of affiliation attributes of guarantee, in addition, this breakthrough is embodied by the defense available to the guarantor. The redistribution of interest and risk between different parties enables the possibility of the breakthrough made by this system.Chapter 3 introduces two different operation mechanisms for the independent guarantee in practice; first it analyzes the legal essence of documentary demand guarantee and come up with the view upon some controversial issues. That is, documents do not fundamentally deny the independence of guarantee. Then it analyzes the legal structure of direct and indirect letter of guarantee in practice and deliberates some opinions upon some issues involved therein. Then the operation model of standby letter of credit, then make a summarization of these two different operation models.Chapter 4 deliberates the systematical defects and its remedies in the independent guarantee system, come up with the improper claim issue of beneficiary. It observes and makes the analysis in detail for all major countries regulation for the fraud exception and the exception of fraud exception, then two major remedial measures for the fraud committed by the beneficiaries – court injunction as well as Mareva order.Chapter 5 roots from our country and in detail discussed the practice and legislation development for the independent guarantee in pour country and make some comments on issues raised in the real practice. Especially criticize the practice of Supreme Court for the distinction between international trade and domestic trade, strongly argued its unreasonableness. This chapter is finalized by the advices and observations for the development and perfection of the future independent guarantee system in our country 。In the nutshell part the author is in the opinion that the reason that traditional guarantee is defined as the affiliation is to make the special protection to guarantor based on the free and personality. Modern credit guarantee's actual operation has long been breakthrough the f...
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