20世纪60年代,独立担保凭借更强的债权保障功能而在国际融资实践中被广泛采用。20世纪80年代以来,我国国际融资实践中开始引入独立担保方式,但是在立法和司法层面,一直未对这种新型担保方式作出明确规定,由此成为我国独立担保制度发展的一个瓶颈。借鉴国际司法实践,构建我国独立担保制度已成为我国担保制度发展的大势所趋。 In the 1960s, independent guarantees were widely adopted in the practice of international financing with stronger claims protection. Since the 1980s, China has started to introduce independent guarantees in its international financing practice. However, at the legislative and judicial levels, this new type of guarantee has not been clearly stipulated and has become a bottleneck in the development of China’s independent guarantee system. Drawing lessons from international judicial practice, building our independent guarantee system has become the general trend of our country’s guarantee system.