Research On The Problem Of Accountability Of Mixed Joint Guarantee

The mixed joint guarantee is the product of the guarantee system in the historical development.As the inferior concept of the joint guarantee,it has not only the common characteristic of plural guarantee,but also the individuality characteristic due to its various form of guarantee.The legislative process of China's guaranty system is a process of developing from the simple and rough legislative mode of "Real right takes precedence over the CreditoR's rights,to the mode of distinguishing the guarantors and fully respecting the prlinciple of autonomy.It shows respect to the characteristics of mixed joint guarantee and continues the process of enrichment and development.Seeing the time when guarantor undertakes the guarantee and fulfill the debt as panel point,the process of undertaking corresponding responsibility is divided to two stages:Guarantor takes external responsibility,the Guarantors share interNal responsibility.On account of the subordination and separation of the relationship to the debt,the effect of the dominant principle which determines the value orientation of the guarantee system should also be adjusted accordingly.In the period that the guarantor of the mixed joint guarantee takes external responsibility,in order to realize the creditor's right,the absolute leading effect of the principle of autonomy should be emphasized,thereby guiding and establishing the order and scope of the responsibilities between the Guarantors.On this basis,the order and seope of the responsibilities between the guarantors offering Warranties and guarantees of property.And the problem is analyzes from the angle of Creditors fault Attribution.In the period that the guarantors share the intermal responsibilities,the principle of autonomy is absent at this stage due to the characteristic of "non-obligatory agreement "of joint guarantee.It Should be covered by the principle of fairtess,to solve the problem of the balance of interests within the guarantors.Therefore,The author evaluates the negation and affirmation of the "guarantor's internal right of recourse",proves the rationality and necessity of the Guarantor's internal responsibility sharing,and affirms its value.In the end,the article establish the connection between the twos stages through the sepcific design of rules.