保证人若干问题的探析

A Tentative Analysis of the Guarantor

虽然我国保证制度经过历年的发展变化,已初具模样,但勿容讳言,现行保证制度无论是在理论上还是在实践中,均存在诸多问题和值得探讨之处。结合有关法律,同时,借鉴国外立法的有益经验,对保证人的资格和权利义务进行修改与完善进行了探析。

Although our country' s guarantee system has undergone lots of development and changes, and formed preliminary framevvork ,there are many problems to be studied whether in theory or in practice. Based on the laws concerned, and with reference to the valuable experience of other countries , the author gives a tenta-tive analysis of some issues; about the amendment and improvement of the qualification of a guarantor, as well as his or her right and duty.