Research On China's Independent Guarantee System

In the field of security law in our country,always implement the strict property that does not exist alone from the principal claim and the property guarantee mode when in the market economy less developed can effectively protect the interests of the creditors,but in today's highly developed market economy,property guarantee the disadvantages of emerging,it mainly displays in the following two aspects:first,the property guarantee the effectiveness of the severely limited by the principal claim,lead to the interests of the creditors cannot get effective guarantee;Second,property guarantee involves three parties,in a lot of manpower and material resources,low efficiency cannot meet the needs of the parties to facilitate trade and financing.So some businessmen in order to satisfy their own interests,in the market gradually created a new kind of guarantee,independent guarantee.This kind of guarantee mode can exist without the principal claim,the principal claim is invalid,revocable will not affect its effectiveness.Because of this guarantee mode can effectively protect the interests of the creditors,in practice not only recognised by the merchant,also recognised by the law.Along with our country economy high speed development of the society,which have independent guarantee mode to the strong vitality,through constant collisions with other models,friction,and eventually occupied the commanding heights in the field of guarantee practice.Existing in the field of practical guarantee in our country,however,still give priority to with the dependency of guarantee,independent guarantee system can only appear on the auxiliary system,and some problems existing in the current system of independent guarantee in our country,and will need to find some way out to solve these problems,the author in this article is devoted to find the way to solve these problems,the hope of our country's traditional guarantee mode and independent guarantee mode can run toward perfect,make guarantee system can better protect the interests of the creditors.