The Analysis On The Case Of Surety Contract Between Dalian Ganjingzi Agricultural Bank And Dalian Chuming Group Ltd.

The legal relationship among the creditor, debtor and warrantor is adjusted by the guarantee law of the People's Republic of China and its judicial interpretations. The guarantor's most important legal right is he can argue to discharge his guarantee obligation from the creditor. As the guarantee law and its judicial interpretations d on't make detailed legal regulations, it's hard for the judge to trail the legal disputes between creditor and guarantor. And according to the guarantee law, most of the law circumstances of affirming the guarantor's exemption from the liability of guarantee are coming from subjective intention, not from objective facts. Therefore, it further increases the uncertainty and controversy of the guarantor's liability exemption.To solve this problem in judicial practice, we have to analyze the legal relationship among the creditor, debtor and warrantor. Only by fully understanding the legal status of them, can we determine the legal liability they should bear. This paper analyzes the case of surety contract dispute between Dalian Ganjingzi Agricultural Bank and Dalian Chuming Group, and put forward some ideas on the basis of existing research. Hope it can provide some valuable advices for the judge to trial similar cases in the future.