通常,担保制度用于担保债务人与债权人之间特定债权的实现。但是,在市场经济高度发达的现代社会,银行与借款人、生产商与批发商、批发商与零售商之间的经济来往,仅有一次即归寿终正寝者,实属罕有,大抵以接连反复继续往来或交易为常。~③在此背景之下,如果采取一债权一担保的方式,不仅手续繁琐,交易成本较高,而且也不利于当事人之间交易的连续性和安全性。为此,最高额担保制度即随之产生。通过这一制度设计,当事 Generally, a guarantee system is used to guarantee the realization of a specific claim between a debtor and a creditor. However, in the modern society with a highly developed market economy, it is rare for the economy of banks and borrowers, the producers and wholesalers, wholesalers and retailers to go to work once and for all, and it is probably rare for them to continue one after another in succession Contacts or transactions as usual. Under this background, if a debt-guarantee method is adopted, not only complicated procedures and higher transaction costs, but also detriment to the continuity and security of transactions between the parties. To this end, the maximum amount of guarantee system is generated. Through this system design, the parties