Personnel Guarantee Contract Research

The contract of personal gurant is essentialy a precaution against the risk of good faith. With the establishment and the development of the socialist market-oriented economy in our country, the market competition is becoming much more fiercely day by day, and taking precaution against good faith risks is to appear more and more importantly. At present, the standard credit system has not been established yet in China. Therefore, using the contract of personal gurant is one promising approach that can alert and reduce faith risks. However, the contract of personal gurant is being lacked in our country legal framework. As a result, the legal applicabilities on the disputes of the contract of personal gurant turn to be confused in the judicial referee's authority, the legal stability as well as the populace to the legal belief obviously. Taking this into consideration, this article attempts to study the contract of personal gurant so as to bring some benefits to the legislation and judicial practice in our country.This article makes a great analysis and discussion about the related legal matters of the contract of personal gurant by the means of history,comparison, economical analysis and case analysis. The full text is diveded into three chapters besides the introduction. The primary coverage of each chapter is as follows:The first chapter mainly focuses on drawing a conclusion from the general legal principle of the contract of personal gurant, which involves its production and development, concept, characteristic, legal nature analysis as well as its value excavating. The author believes that the contract of personal gurantis not a social system product, but a kind of special guarantee. Its characteristic is embodied of the continuity, the friendship, the specificity as well as the indefination.The second chapter discusses about the main content of the contract of personal gurant. Personal gurant is one kind of special guarantee. This part will explain its unique rights and obligations. The guaranteed responsibility is the core in the contract of personal gurant, and the dispute of guarantee lies in the guaranteed responsibility's undertaking virtually. The author thinks that the guaranteed responsibility reduction of employee's information should adope the concise stipulation suitably. The guarantee method of human guarantee is only limited in the general guarantee. The litigant can makes an explicit amount limitation on the guarantee scope. If they have not an agreement or the agreement is unclear, the litigants should determine a reasonable compensation principle. The longest guarantee period of personal gurant is limited in three years.The third chapter pincipally discusses how to establish th system of the contract of personal gurant in our country. The author believes that the system of the contract of personal gurant should not be integrated into our existing legal framework through the explanation of the laws in effect. In the legal vacancy situation, the judicial referee admits that the efficacy of the contract of personal gurantshould conform to the basic idea of civil law. At the same time, constructing the contract of personal gurant from the point of system should not violate the legislation objective of the work law contract. Moreover there's a realistic demand for constructing the contract of personal gurant in our country. To construct the system of the contract of personal gurant not only has the advantage in improving our country legal framework, but also has the advantage in consummating our country credit safeguard system. At last, the author acknowledges that the legislative pattern in Taiwan area should be more valuable to our construction of the contract of personal gurant. The writter also proposes some reasonable suggestions about the primary coverage of personal gurant so that the legislature can consult them.