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近年来,保证作为担保的主要形式,在经济合同及诉讼保全中得到了广泛的应用,涉及保证的经济纠纷及因保证人行使求偿权引起的纠纷也日益增加。由于现行法律、法规对保证人及被保证人的诉讼地位尚无明确规定,各地的做法也不尽相同。本文试结合审判实践中遇到的情况,就保证人与被保证人的诉讼地位谈点粗浅的看法。一、诉讼前担保的纠纷中,保证人与被保证人诉讼地位的确定(一)诉讼前担保的纠纷中,保证人与被保证人成为诉讼主体的前提。
In recent years, as the main form of guarantee, the guarantee has been widely applied in the economic contract and the preservation of litigation. The economic dispute involving the guarantee and the disputes arising from the guarantor's exercise of the right of compensation also increase day by day. Due to the current laws and regulations, the legal status of guarantors and guarantors is not clearly defined, and the practices in different places are not the same. This article tries to combine the situations encountered in the trial practice to talk about the superficial view of the litigation status of the guarantor and the guarantor. First, the dispute before the litigation guarantee, the guarantor and the guarantor to determine the status of litigation (A) litigation before the guaranty dispute, the guarantor and the guarantor to become the subject of litigation premise.