Study On China's Counter-guarantee System And It's Related Problem

China' s reform and opening-up has been applied for more than 30 years, and the economy has developed rapidly. However, the Guaranty Law, which should take an important role in the market, has been unable to be developed at the same pace. Since the introduction of the China's Guaranty Law, the imprecision and over-principle has got a wide range of criticism, although the subsequent introduction of the Guaranty Law explanation has corrected some defect, and many defects still exist. The counter-guarantee system is a typical case.Counter-guarantee as a guarantee arising from a special type of guarantee, has lots of differences to guarantee. However, China' s Guarantee Law and Guarantee Law Explanation only have 3 counter-guarantee provisions. These 3 provisions are obviously unable to make clear the nature and functions of counter-guarantee, and leave lots of holes for application to the market.In this paper, through comparative study, an Empirical Study and other research methods of Law, the author introduced the basic concept of counter-guarantees and analyzed the counter-guarantee system and its due role in the application from the perspective of the Law' s value, and the elaborate security system for China' s counter-guarantee of the legislation, Application Practice, on the counter-guarantee in the application of social life. Detailed counter-guarantees can be used in several cases. The clarity of our counter-guarantee system by the existence of several shortages, such as over-principle, abuse, to provide shelter for illegal transactions, to increase the party's appeal, and so tired. To make up for deficiencies relating to the proposed measures, Focus on point of view to counter-guarantee from the refinement of the law, amendments to the relevant legal system, the country' s credit system construction.