System Research Of Mixed Joint-guarantee

Financial market needs the guarantee system to protect the capital transaction activities.Therefore,as a form of multiple guarantees,mixed joint-guarantee is increasingly needed by the market.Guarantee and security interests jointly makes the creditor's interests better protected.However,due to the lack of coordination in existing relevant laws and constant conflicts in practice,making the mixed joint-guarantee system difficult to exert its superiority.In order to solve the judicial practice and to tease out a complete guarantee system,this article will select the related theoretical model of law to try to establish a mixed joint-guarantee system under the premise of guarantee value orientation,and the spirit that give priority to the creditor's interests,average security risk at the same time.In the design of specific rules,we should stick to the principle of "equality between guarantees and security interests" and to establish creditors' choice to safeguard creditors' interests;meanwhile,by means of the right of internal recourse and subrogation,the debt risk that the debtor cannot repay will be shared among the guarantors;Also,the exemption rule of guarantors under creditors' misbehavior should be established to ensure the interests of guarantors is further protected.