Litigation Form For Debt Disputes Under Guaranteed Circumstances

With the gradual development of China's socialist market economy,market competition has become increasingly fierce,and the trading methods have shown a diversified development trend,and the risk of market transactions has also increased significantly.In order to prevent and reduce the risk of transactions,more and more people use guaranteed guarantees in transactions to guarantee the realization of their claims.Therefore,the guarantee system plays an increasingly important role in market transactions.China's substantive law has detailed and specific provisions on the series of issues of the guarantee system in the "Guarantee Law" and "Guide to the Guarantee Law",such as the guarantee method,the type of guarantee,the guarantee period and the rights of the guarantor.However,in the procedural law,only Article 66 of the Civil Procedure Law Interpretation and Article 4 of the Private Lending Regulations stipulate the guarantor's litigation status,which is far from being able to solve the complex and diverse guarantee disputes arising in judicial practice problem.For example,when the creditor only sues some of the joint guarantors,there is no specific provision for whether the court should add other joint guarantors for the co-defendants.In addition,the Interpretation of the Civil Procedure Law and the Private Lending Regulations stipulate that when the creditor only sues the generalguarantor,the court should add the debtor as the co-defendant,that is,both laws treat the general guarantee debt dispute as a necessary joint litigation,but According to the provisions of the Civil Procedure Law of China on the joint litigation,the case in which the necessary joint litigation must be applied must require the same subject matter.Only the subject matter of the litigation is the same,the parties have common rights and obligations and the rights and obligations are indivisible.It is only necessary to jointly hear and make a judgment determined by unity.However,under the general guarantee situation,the subject matter of the main contract and the guarantee contract are not the same,but the legislation and judicial practice in our country treat the litigation in the general guarantee situation as the necessary joint litigation,and the legal provisions on joint litigation in China Contradictory.In addition,in the "Private Lending Regulations",there are additional problems with the creditors only suing the guarantor or the borrower.However,according to the rules of the joint litigation in China,it is neither a common joint lawsuit nor a joint lawsuit.There is no additional problem.Therefore,there are irrationalities in making such provisions in China's Civil Procedure Law Interpretation and Private Lending Regulations.With regard to the problems faced in the legislative and judicial practice,after the analysis and argumentation,it puts forward perfect suggestions.It is hoped that these suggestions can solve the difficult problems encountered in judicial practice,conduct scientific and standardized trials,improve judicial authority,and guarantee national laws uniform application.The body of this article is divided into four parts:The first part is about the substantive law of guarantees.First,clarify the concept of assurance and clarify the relationship between the guarantor and the creditor and the principal debtor.Secondly,it distinguishes the relationship between guarantee responsibility and guarantee debt,and points out that there is no distinction between guarantee debt and guarantee responsibility in our country's legislation,which leads to the deviation of the understanding of legal relationship,which in turn affects the handling of litigation problems.Finally,the methods and types of guarantees areintroduced and differentiated,and the types of guarantors' responsibility in different guarantee methods are clarified.The second part is about the legislative and judicial practice of the debt dispute litigation in the case of guarantee.First of all,it discusses the legislative evolution of the guarantor's litigation status in China,and through the analysis and comparison of relevant legal provisions,summarizes the changes in the legal provisions and their causes.Secondly,through the extraction of 100 judgments on the Internet without litigation cases,it sorts and analyzes them in a form,and summarizes the litigation forms of debt disputes in the judicial practice.The third part is about the issue of litigation in debt disputes.First of all,it is to sort out the theoretical disputes about the debt disputes in the case of guarantees.Secondly,the author defines the litigation pattern of debt disputes under the guarantee situation.Finally,analyze the problems in the legislative and judicial practice regarding the guarantee of litigation and the reasons for such problems.The fourth part is about the improvement of the system of debt dispute litigation in the case of guarantee.On the basis of the foregoing,this section puts forward some improvement measures and suggestions for the guarantor litigation problems faced in the legislative and judicial practice,mainly reflected in the legislation.Then through the improvement of legislation to ease judicial contradictions,improve judicial efficiency and the credibility of the judiciary,to ensure the uniform application of national laws.