On The Guarantee Responsibility Of The Private Loan Guarantor

Private lending is an ancient form of finance.In ancient society,under the dual constraints of etiquette and morality,the private financial lending has its financial risks under control.This has become the fundamental guarantee for the continuous development and expansion of private lending.From physical loans to money loans,borrowing from interest-free loans to paid loans,and even modern types of banks,ticket numbers appear frequently,not only for the private capital to provide revenue channels,but also to those in need of financial support for individuals,businesses and timely economy Support,private lending this financial form once shine.In modern society,non-government borrowing is simpler,more convenient and more flexible in terms of loan procedures,qualification examination,guarantee requirements,capital utilization cycle and so on,and is therefore particularly favored by some people who temporarily borrow funds,especially for small and medium-sized enterprises,Private lending is almost the only financial channel that supports their start-up and development.Therefore,private lending has become an important complement to lending to the formal financial institutions such as banks.When the guarantee law was formulated,the social idioms of private lending were introduced into the law directly,and the theory of the scope,main body and responsibility of the private lending was stipulated.It stands to reason that the rise of customary law to legal rules is one way the law enacts and there is nothing wrong with it.However,with the development of socio-economic conditions,the connotation of private lending itself is constantly changing.The relationship between non-government loan guarantors and lenders is alienated and new connections are established between relatives and fellow citizens.At the same time,the expansion of private lending is also changing.Especially with the emergence of specialized guarantee lending companies,the non-governmental nature of private lending has been diluted and financial factors have increased.At the same time,the risk of private lending is also on the rise.Simple and flexible to become the biggest advantage of private lending,but also become its biggest disadvantage,once the debtor fails to fulfill the repayment obligations in accordance with the agreement,the creditors,the debtor for the contents of the loan contract often coined,the dispute continued.And in the highly prosperous modern society,the amount of money itself has the characteristics of high-risk and high-yielding.The large-scale non-government loans go towards small and medium-sized enterprises and individuals.Compared with the stable and large-scale enterprises,the SMEs and individuals bear the social risk This is also the main reason why SMEs have difficulty in obtaining loans from banks and high interest rates have absorbed funds from the private sector.Such a vicious circle has continuously raised the risk of private lending.Faced with the risk of private lending,it is increasingly important to ensure that this guarantee is provided.Most of the private lending cases have traces of assurances,and creditors often require the debtor to provide guarantees while borrowing to ensure the security of funds.And in a relatively long period of history,the guarantee of the guarantee of private lending is more significant.But up to now,the effectiveness of guarantee has also been declining due to various factors changing.On the one hand,with the development of the times and the increase of wealth in the hands of citizens,private lending faces new challenges in terms of the subject of borrowing,the mode of guarantee and the resolution of disputes.The status of borrowers and guarantors is confused,the guarantors are guilty of being cheated,and the guarantors' It is not uncommon for issues such as guarantee responsibility to be challenged,guerrilla fund verification to be obscured,and the guarantor's difficulty in fulfilling the guaranty liability.On the other hand,as an important way to guarantee the realization of secured creditor's rights,from the psychological comfort to creditors to the actual demand to fulfill the guarantor's responsibility,from negligence in examining guarantor's guaranty to guarantor continue to be resorted to the law,from guarantor to fulfill the guaranty liability Guarantors frequently de-insurance,from the guarantor actively assist the creditors to recover the arrears to the guarantor and the debtor malicious collusion,fraud loans.The weight and position of the responsibility to guarantee are also changing.The reasons for the instability of the non-performing loan guarantee responsibility can still be examined from two aspects.On the one hand,under the local cultural background,the native dispute resolution model of private lending has been continuously failed.As the amount of lending increases and the scope of lending becomes wider and wider,the relationship and connection point between creditors and debtors become more and more distant.The debtor's containment and influence are getting weaker and harder.It is hard to make up for the debtor's credit crisis merely by relying on "good borrowing,borrowing not too difficult" wish-forms.On the other hand,issues such as the scope,duration,ways of guarantee under the laws and regulations such as guarantee law and the practical conditions of non-performing loans and the settlement rules of common practice show a low degree of conformity,a poor connection and a large gap between the intents and legal responsibilities.As a result,disputes involving non-government loan guarantees involving guarantors have occurred in large numbers,accumulated and exploded,leading to new problems such as lack of guarantors,which directly restrict the development of private lending.In order to fundamentally solve the various unfavorable factors that restrict the development of private lending,we must take the various problems arising from the disputes over the responsibility of non-performing loans in judicial practice as the background,and at the same time,we will expand the publicity of laws and regulations and at the same time,Responsible laws and regulations of the relevant provisions.To improve the concept and to improve citizens' understanding of the non-government loan guarantee responsibility is the fundamental way to ensure the reduction of non-government loan disputes and the guarantee responsibility.However,the change of concept and the improvement of legal awareness are time-consuming.Therefore,In fact,this is also what is being done in the process of constructing the mechanism of dispute settlement for the private lending guarantee.In the process of establishing the scope of the guarantor's guarantee liability,the deadline and the way of carrying it out At the same time,we must strictly examine the assets and prestige of the guarantor and the degree of freedom of the will at the time of signing the guaranty to guide the guarantor to correctly and seriously treat the guarantor's liability and lay the foundation for the guarantor to fulfill its guarantor liability at the very beginning of the establishment of the nongovernmental credit relationship,We should increase the protection of the guarantor's necessary rights,increase the sanctions on vicious fraud and ensure the guarantee quality for the non-government loan relationship,and promulgate the guarantee that this.important guarantee mode will constantly be updated and broken along with the economic development.In the meantime,we can provide a more optimal path for solving the civil liability guarantee disputes and ensure that private lending can play a more active and effective role in the new journey of economic development.