一、问题的提出——《担保法》第20条的适用范围我国《担保法》第20条基于保证债务的从属性,规定“一般保证和连带责任保证的保证人享有债务人的抗辩权。债务人放弃对债务的抗辩的,保证人仍有权抗辩”。据此,当主债务上附有抗辩权时,保证人就可以向债权人主张抗辩权。然而该条未提及当债务人 First, the issue put forward - “Security Law” the scope of application of Article 20 of China’s “Security Law” based on the subordination of the guaranteed debt, provides that “the guarantor of general guarantee and joint liability guarantee debtor’s right of defense. To give up the defense of the debt, the guarantor still has the right to defense. ” Accordingly, when a defensive right is attached to the principal debt, the guarantor may claim the counter-claim against the creditor. However, the article did not mention the debtor