Analysis Of The Experiment Study

Whether in theory or in practice,the debate on the classic issue of whether mixed joint guarantee can be recovered internally has lasted from the era of property law to today’s era of civil code.In order for law to be better applicable,the discussion on legislation may be out of time,but the discussion on interpretation is worthy of further study.In the civil code of the People’s Republic of China on recourse between mixing together the guarantor for specified circumstances,"about 2021 new supreme law <the People’s Republic of China civil code >" the explanation of related guarantee system made further explanation and illustration,therefore,how to accurately understand the new rules and used in the judicial practice is urgent and necessary things.Based on the Civil Code of the People’s Republic of China and the interpretation of the Latest Supreme Law of 2021 on the application of the Relevant Security System of the Civil Code of the People’s Republic of China,this paper holds that the internal recovery of mixed joint guarantee should be discussed by classification and divided into two types: recoverable and prohibited recovery.Among them,the cases that can be recovered include those that are clearly agreed upon by each other and those that are agreed upon by signing,sealing and fingerprinting on the same contract.In addition,it is forbidden to recover from each other within the mixed joint guarantee.On this basis,it further clarifies the calculation method of unagreed specific share when recovery can be made and the possible risks prohibited from recovery and its prevention.The article is divided into six parts.The first part points out the existing problems of internal recovery of mixed joint guarantee from two aspects of legal provisions and judicial practice.The second part and the third part respectively from the value basis and theoretical interpretation level,for further elaboration of their own views to lay the foundation;The fourth part puts forward his own views on the classification of internal recovery problems;The fifth and sixth parts are about the share of recovery and the risk prevention of prohibition of recovery.The whole paper presents the theoretical framework of raising questions,explaining theories,expounding viewpoints and analyzing countermeasures.