Research On The Problem Of The Right Relief Of The Guarantor

With the development of the socialist market economy in our country, the financing guarantee is more and more frequent. Through the guarantee to realize the reasonable reorganization of the social economic structure, Absorb fresh blood for the social economy, Also makes a lot of transactions can be completed. Guarantee has played an important role in the society. Some of its functions, such as banks, cannot be surpassed and realized. Small financing Guarantee corporation now play an important role in the free economic market, Many of the small and medium-sized enterprises and the need to finance the individual economy mostly rely on such financing guarantees. The organization pays attention to providing long-term loans to big companies and state-owned enterprises. The better the company and large enterprises can be more debt to get more support for large organizations. But the situation of small and medium enterprises and individual economy is not optimistic, Because of the high cost of defects in large organizations, Can’t analyze how to manage a small business out of three blocks away. But in a lot of small financing Guarantee Corporation to make a few phone calls can fully understand the information. Because of the flexibility and security of small financing Guarantee Corporation is simple, Become an indispensable guarantee for economic development. In the guarantee in practice to take into account the interests of creditors and debtors, but also take into account the interests of the guarantor, in order to facilitate the healthy development of social economy. Therefore, the guarantee of legal system construction is particularly important. Representation, warranty, warranty, the recourse to the provisions should be designed to protect the legitimate rights. Only in this way can settle the dispute as soon as possible, the transaction cost more reduced, accelerate the circulation of goods and capital, promote economic healthy development. China’s current laws and related judicial interpretation of the guarantee, although there are relevant provisions, but there are still unsatisfactory and even contradictory problems, In judicial practice, there are many disputes about the treatment of guarantee dispute. In order to meet the needs of the development of China’s socialist market economy, the guarantee of the legal provisions should be improved.