关于保证担保的若干问题的探讨

On a number of issues to ensure the security

由于担保法规定的比例原则,担保法立法当时的立法原则和立法技术上也存在着缺陷和不成熟之处,使得在贯彻执行担保法的过程中出现了许多新情况、新问题,本文主要就与保证担保有关的若干问题如保证期间、保证合同无效时的赔偿责任、成立新的保证合同的认定等,结合担保法、有关担保法的司法解释及司法实践作一些探讨。

As it has some limitation and some immature places on the principle of proportionality of security law , the meta-legal doctrine when the security law was made and litigation techniques,it occurs to be many new situations and many new problems when we are carry out the security law. In this paper,we are goingto talk about about a number of security-related issues, such as the guarantee period,the liability to pay compensation when the contract is null and void and the affirmation when a new contract of guaranty is established , combined with the security law, law relating to security of judicial interpretation and judicial practice.