In the context of the diversification trend of market economy,there are more and more disputes caused by loan contract disputes,especially the chain-type contract relationship involving loan,guarantee contract and pledge contract formed with the participation of multiple guarantors,which is more complex.The contract dispute between changchun branch of minsheng bank and yuancheng logistics company is a typical case of the above series of disputes.This case involves the chain-like contractual relationship such as the guarantee and pledge contract between the plaintiff,the defendant and the outsider of the case.In the identification of liability,it involves the objective imputation of responsibility,the principle of fault,mixed fault and other legal principles,and the identification of liability is relatively complex.In the identification of the responsibility of the parties involved in this case,it is obvious that China's relevant legislation is not perfect,judicial identification standards are not unified and the corresponding supervision mechanism is not perfect and other weak links.Therefore,this paper analyzes the focus of disputes involved in the first trial and the second trial,discusses the responsibility identification of such cases and the corresponding legislation and supervision mechanism improvement measures,hoping to be conducive to the study of the responsibility identification of such cases and the improvement of relevant legislation. |