Independent Guarantees Application In China

Independent guarantee as an innovative way of security, both the traditional security featuresand independent features. Develop and mature in the practice of international trade, and gradually iswidely used in international economic, trade and finance. Independent security practice to promote,international treaties and international practice has also been successively introduced. But does notexpressly require the independent guarantee system in China’s legislative and judicial interpretations.In judicial practice, the practices of people around the court inconsistent. And the independentguarantee to take the attitude of the domestic and international distinction Theoretical circles,scholars dispute. As a subsidiary guarantee system "subversion", independent guarantee theguarantor commitment to the main creditor, when the warrantee can not fulfill the debt by theguarantor to the principal debtor to pay the debt secured by unconditional and can not enjoy the rightof defense of the traditional collateral guarantor. Banks and department rules approaches andregulations promulgated by the independent guarantee, but a lot of the basic contents are not madefull provisions, there is still a lot of blank areas. This study ideas for the first independent guaranteeof the basic theory analysis, the clear object of this paper and scope, Independent guaranteesembodied in fairness, safety, efficiency, value, and then discuss our theoretical circles on theindependent guarantee of the domestic dispute. Finally, the author believes that China shouldrecognize an independent guarantee and improve the effectiveness of the relevant recommendationsof the system. Proposed to the judicial interpretation of the Supreme People’s Court in the form ofperfect our independent legislative and judicial guarantees and judicial interpretation envisaged.