A Study On The Judicial Determination Of The Independence Of Independent Guarantee In China

Independence is the Core characteristic of Independent Guarantee,as well as the basis and premise of the operation of the Independent Guarantee mechanism.With the official im plementation of the “Provisions on Several Issues Concerning the Trial of Independent Guar antee”(referred as the “Judicial Interpretation of Independent Guarantee”),the Independent G uarantee System of our country has been established,and the courts of our country have a clear legal basis on the process of identifying the independence of the guarantee.However,in view of the fact that our country has little experience in hearing cases of Independent G uarantee.Also the judicial interpretation of independent guarantee is relatively brief with fe w regulations relating to the independence of the Independent Guarantee,there is still a con fusion in the identification of the independence of the guarantee,which is manifested in the confusion of the legal basis,the different standards of judgment when the subordinate attri bute and independence coexist,and the differences in the treatment of the basic contract ter ms in the guarantee letter,and so on.It is the premise of the correct Application of the Judicial interpretation of the Indepen dent Guarantee to recognize the independence of Independent Guarantee correctly.With the premise of the continuous promotion of the "Belt and Road Initiative" in China,the Indepe ndent Guarantee,as an efficient and safe credit tool in commercial transactions,is bound to play a more and more important role.It is inevitable to perfect the Independent Guarantee System in our country to analyze the problems existing in the judicial practice of the Inde pendent Guarantee,find out its root causes and perfect the relevant legal regulations.At the same time,it is also a necessary measure to correctly deal with the disputes of independe nt guarantee and safeguard the legitimate interests of Chinese enterprises.In view of the problems existing in the judgment of the independence of the independ ent guarantee after the promulgation and implementation of the Judicial Interpretation of Ind ependent Guarantee,the author is deeply aware of the importance of perfecting the relevant legal system and filling the legal loopholes.In this paper,starting from the actual cases,th e author analyzes all the cases since the implementation of the Judicial Interpretation of the Independent Guarantee,tries to explore the judicial identification rules of the Independent Guarantee in the judicial practice of our country,and makes an in-depth analysis of the exi sting problems.At the same time,combined with the essence of the independent guarantee and the formulation idea of the judicial interpretation of the independent guarantee,this paper tries to put forward some suggestions on the relevant provisions and judicial practice of the judicial interpretation of the independent guarantee in our country.It is hoped that it ca n provide ideas for the construction of a mature and perfect independent guarantee judgmen t system.