“中福实业公司担保案”表明最高法院已经具有并日益增强了其规制经济的功能 ,即最高法院的行为并不仅仅局限于民商经济案件个案纠纷的解决 ,更具有形成新的经济规则的意义。但是最高法院没有清醒的意识到这一点 ,在规制经济的过程中 ,没有协调好与立法权和行政监管权的关系 ;而且 ,由于其行为具有溯及既往的效力 ,也很难为市场提供稳定的预期。因此 ,有必要建立一个自我约束的最高法院运作机制。 “Zhongfu Industrial Company Guarantee Case” shows that the Supreme Court has and has increasingly strengthened its regulatory economy functions, that the Supreme Court’s behavior is not limited to the settlement of individual cases of civil and commercial economic disputes, but also the formation of new economic rules significance. However, the Supreme Court did not clearly realize this. It did not coordinate its relationship with the legislative power and the power of administrative supervision during the process of economic regulation. Moreover, because of its retroactive effect, it is very difficult to provide a stable market expected. Therefore, it is necessary to establish a self-restraint Supreme Court operating mechanism.