Research On The Application Of Counter-guarantee Law

As a new legal system,counter-guarantee has been only established for more than thirty years.Although the market economy has developed rapidly after the economy reform and open up,the guarantee legal system,which plays a vital role in economic development,has not been developed synchronously.Since the enactment of China's Guarantee Law,there have been controversies over the lack of striations and other related issues.Even though the introduction of its judicial interpretation has made up for the relevant defects,there are still many problems,such as the counter-guarantee.There are few relevant legislative provisions on the counter-guarantee system in our country.Only in the Guarantee Law,there are principled provisions on the application of the security law to the counter-guarantee.However,as a new kind of security based on security,counter-guarantee is quite different from guarantee in terms of application mode,the right of defense of the parties,etc.It is obviously inadequate to simply apply the provisions of security law.Legislative gaps make the counter-guarantee system highlight many problems in practice,disputes related to the phenomenon are difficult to solve because there are no specific legal provisions to follow.Such a vicious circle makes the application of counter-guarantee system into an embarrassing situation..This paper combs the basic theoretical research results of the counter-guarantee system in the theoretical circles,analyzes and demonstrates the relevant theoretical issues of the counter-guarantee system with the writing methods of comparative analysis and value analysis,so as to elaborate the institutional value of the counter-guarantee system.On the basis of discussing the principle of counter-guarantee and the contract validity and counter-guarantee liability arising from counter-guarantee contract,this paper analyses the problems exposed by counter-guarantee system in practice,and designs a perfect scheme.