Judicial Remedies For The Rights And Interests Of Guarantors In Financial Loan Disputes

It is well known that Banks play a very important role in social and economic life.Banks not only for our country's economic construction and allocation of funds raised,more of the national economy departments and the enterprise the management activities to provide financial services,is the link of the social economic activities smoothly.In this,the credit business of the bank has contributed to the success of the business.It has also provided the guarantee for the life of the people.But in recent years,the folk lending,real estate industry fluctuation of various internal and external factors,such as rising non-performing loans to the banking sector,financial borrowing disputes is high,and the bank balance sheets is closely related to the state's financial security and economic stability and.Guarantor plays an important role in the financial transactions,plays an important role,but for a long time,the status of the guarantor/issuer not under the attention it deserves,the phenomenon of their legitimate rights and interests are violated,the existing theoretical research from the perspective of protecting bank a borrower,to protect the rights and interests of guarantor problem not to pay attention.Legislation on the current "contract law","security law",and explain the lack of related legislation on the protection of the rights and interests of guarantor,the one-sided emphasis on the protection of financial service that Banks,there is an obvious bias and defects.Therefore,from the Angle of the guarantor to re-examine the problem of insufficient protection of the rights of financial transactions,the transactions between commercial Banks and security facilities guarantee business subject equal status,to regulation of format contract,realize equality and justice of contract of contract;Strengthen the bank's demonstrative obligation,the use of network data platform of rich resources to establish the debtor credit data collection library,make the surety enjoys enough right to know,to further strengthen the specification of Banks involved in capital markets.At the same time should also modify and perfect the "contract law","security law" and its interpretation principles of legislation related to strengthen the guarantor qualifications,the nature of theguarantee period,and mixed guarantee the scope of the right of recourse against the rules,straighten out the relationship between the relevant legislation,establish the guarantee status of financial traders,further improve the related relief mechanism,realize to the guarantee of human rights protection.