The Improvement Of Guarantee Period System

In order to defuse the risk and promote the development of market economy, various countries pay attention and make perfect to guarantee legal system. Our country had published “Guarantee Law” in 1995, which specific the guarantee system, it's helpful to regulate and adjust guarantee legal relations. But because of the theory and content of guarantee is complex and widespread, Guarantee Law is not perfect. Then, on the basis of absorb the theoretical research results of civil law, Supreme People's Court issued a security law interpretation in 2000, made further supplementary provisions to guarantee period. Regrettably, judicial interpretation is not perfect too, making circles of guarantee period more intense debate.Guarantee disputes arise in practice, more exposed the deficiencies in legislation and judicial interpretation of the Guarantee, it is time to perfect the guarantee period system. To improve the defect, First, we need to form a correct understanding of the guarantee period system. In particular, it should be recognized the nature of the guarantee period. It is precisely because of the nature of guarantee period is not clear understanding, led to believe that guarantee period can interrupt, led to ensure that the contract has limitation of action. Actually, as long as the guarantee period exist will be able to achieve the purpose of the guarantee system, limitation of action is no longer needed. But the existing system still has defects during the guarantee period, it needs to be reconstruction in three areas, limitation of action is not applicable in guarantee period system, extend the statutory period and improve the general guarantee system. Only in this way can achieve the original intention of the guarantee period system.