On The Assurance System And Its Legal Analysis

Guarantee is an important way of security, which is of great importance to enhance the debtor's credit and to ensure the realization of the right of creditors. Its setting mode is simple and flexible, and it has no effect on the use and circulation of the guarantor's normal property, and thus can compare favorably with security interests.As an important legal system, guarantee has a specific legal meaning. Guarantee has an unique reason for its existence, and it has a long history in the West. The legal value of guarantee mainly lies in the following aspects: first, from the point of view of legal principles, guarantee has special effects on the main parties related; second, guarantee has the unique legal value that is different from security interests from the point of view of civil law; finally guarantee has the unique value to the development of China's market economy. The institutional framework of guarantee ensures the liability of guarantor and the focus is its legislative definition. Through the study of comparative law, it can be seen that the definition of China's guarantee has an obvious problem. The inherent legal principles that guarantee system contains is analyzed in the following two aspects: first, the legislation purpose of guarantee is to ensure market business safety and keep the risks of morality and credit away; second, the creating idea of guarantee is that the system affirms and balances the benefit of all parties related. According to the inherent legal principles implicated, the paper analyzes our country's guarantee system currently in effect, and then questions the mode and period of guarantee system and try to bring forward perfect measures.