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我国关于保证制度的规定主要见于《民法通则》和《经济合同法》的有关条款中,但相关条款仅就保证责任的种类作了规定,而对保证责任的范围、银行信用保证及主合同变更对保证责任的影响等审判实践中经常遇到的问题,却未作规定。针对这一状况,1994年最高人民法院制定了《关于审理经济合同纠纷案件有关保证的若干问题的规定》(以下简称《规定》),它以司法解释的形式对这些问题作了规定,但由于它的适用范围仅限于经济合同纠纷,而且对有些实际存在的问题未能作出规定或规定得不具体,因此仍有必要以立法的形式对有关保证的诸问题进行规范。
The provisions of our country on the guarantee system are mainly found in the relevant provisions of the General Principles of Civil Law and the Law of Economic Contract. However, the relevant provisions only stipulate the types of the guarantee liability, and the scope of the guarantee liability, the bank credit guarantee and the change of the main contract The problems often encountered in the trial practice, such as the impact of the guarantee responsibility, are not prescribed yet. In response to this situation, the Supreme People's Court in 1994 formulated the “Provisions on Certain Issues Concerning the Trial of Economic Contract Disputes (hereinafter referred to as the” Provisions "), which provided for these issues in the form of judicial interpretation. However, due to Its scope of application is limited to disputes over economic contracts. Moreover, it fails to stipulate specific provisions on some actual problems and there is still a need to regulate the issues related to pledges in the form of legislation.