Research On The Guarantee Period

In the "Guarantee Law" promulgated in 1995,China has stipulated the guarantee system in the form of a special chapter.Although it is conducive to the adjustment and standardization of the guarantee of legal relations,its provisions on the guarantee period are due to its comparative principle.Not perfect.It does not clearly define the concept of the guarantee period,and the provisions of Article 25 of the Guarantee Law are ambiguous.The Judicial Interpretation of the Guaranty Law passed by the Supreme Court in 2000,although further supplementing the guarantee period system,unfortunately,because of the unclear understanding of the nature of the guarantee period,judicial interpretation still has many shortcomings,and Where there is a contradiction with the guarantee law,the academic community is arguing over the guarantee period system.This paper studies the following aspects in order to achieve the purpose of research.The first part mainly explains the research status of the academic period on the issue of guarantee period,and shows the research purpose and expected effect of this paper,as well as the research methods used in the research process.The second part is the discussion of the concept and nature of the guarantee period,which shows the viewpoint of the concept understanding of the guarantee period,mainly analyzes the nature of the guarantee period,and gives a brief overview of the different theories existing in the academic world.The understanding of this article,as well as the legislative background of our country,shows our own views.The third part briefly describes the different legislative models during the guarantee period,and through the comparative study,combined with the actual situation in China,points out the shortcomings of the legislative model during the guarantee period in China.The fourth part is based on the clarification of the problem of how to define during the guarantee period.It clarifies the statute of limitations between the guarantee period and the main contract,and the relationship with the statute of limitations of the guarantee contract.The three are mutually coordinated and mutually constrained to coordinate the creditor and the debtor.And the relationship of the guarantor.The fifth part,combining the problems existing during the guarantee period,combines the results of the above analysis and puts forward corresponding improvement suggestions.The legislative model of China’ s guarantee period should be reshaped,and the statute of limitations should not be applied during the guarantee period,and the corresponding legislative provisions should be amended.