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近年来,债务危机已成为我国经济生活中的突出问题。据国家工商局统计,近年来发生的经济纠纷案件中,拖欠债款、不按时、按质、按量交货等不按合同要求履行义务的合同纠纷占60%以上,以致许多企业间的债务拖欠形成连环套,严重阻碍了我国经济的顺利发展。于是,许多企业为了保证商品交易的安全,避免和减少交易风险,越来越多地采用保证这种自我保护手段。然而,由于保证主体的不合格,保证内容的不合法,保证的权利义务的不明确,保证的形式不规范等原因,致使许多保证形同虚设,债权人的债权最终仍然难以实现。因
In recent years, the debt crisis has become a prominent issue in our economic life. According to the statistics of the State Administration for Industry and Commerce, more than 60% of the contract disputes that do not fulfill the obligations as required by the contract, such as default of debts, failure to submit loans on time, quality control and delivery by quantity, have caused many debts among many enterprises The formation of a chain of defaults seriously hindered the smooth development of our economy. As a result, many enterprises are increasingly adopting the means of self-protection in order to ensure the security of commodity transactions and to avoid and reduce the transaction risk. However, due to the ineffectiveness of the guarantee body, the illegal content of the guarantee, the unclear rights and obligations of the guarantee, and the irregular form of the guarantee, many of the guarantees are of such a nature that the claims of the creditors will eventually be difficult to be realized. because