Study Of The Applicable Of Counter-Guarantee Of Legal System

With the rapid development of the socio-economy, guarantee law has played an increasingly important role in the market economy. In order to protect the guarantors’self-interests, counter guarantee legal system is established at the background of the constantly guarantee behaviors more active in market transactions. However, as a new legal system, the study of it from both domestic and outside is extremely limited. there are also some sharp problems in China’s counter guarantee legal system, so it is necessary to have a further study, analysis and improvement on China’s counter guarantee legal system, which makes this kind of legal system play a specification reasonable and positive role in promoting China’s steady economic development.China’s counter-guarantee system is a major initiative of the civil legislation. The function of counter guarantee is indubitable that not only widely benefit in commercial trade, debit and credit of funds, small and medium-sized enterprises, but also make a favorable role in advancing social and economic development. Nevertheless, for various reasons, China’s counter-guarantee norm simply stay in a so-called "mentioned level" without further research and legislation, or even lack a clear definition of "counter guarantee". Its status quo makes its actual implementation process lose the legal support and no specific legal provision that can be abided by. Thus, its implementation sucks into an awkward situation.This paper aims to raise the application problem of counter guarantee legal system by case study, clarify its application pattern. Firstly, by comparing with the guarantee, identify the similarities and differences between counter guarantee and guarantee, and figure out their relation; explore the defects of the counter guarantee legal system.Secondly, emphasize on a necessity of counter-guarantee domestic legal system by actual cases and scholarly opinion. Thirdly, analyze the application of counter-guarantee in China’s economic exchanges and then work out the problems lies in the process of the application. Finally, put forward some constructive proposals, clarify the purpose and the significant of counter-guarantee legal system to improve and standardize it from a legal perspective.