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现阶段,我国正处于社会主义法治社会建设期间,各种法律制度都处于不断完善阶段,当前中国刚进入市场经济不久,无论是商事交易还是商事立法都要比国外差一些,更无法与国际商事担保活动相关联,可见,我国现有《担保法》并不健全,还存在不少问题。面对这一现实,就需要国家构建健全、完善的担保法。为实现这一目标,还要充分了解商事担保构成与责任,基于此,本文将从商事担保的构成入手,讨论商事担保责任的特殊性,以便为社会主义法治社会建设增添动力,促使社会主义法治社会早日建成。
At this stage, our country is in the process of building a socialist society ruled by law, and all legal systems are in a constantly improving stage. Soon after China enters the market economy, both the commercial transaction and the commercial legislation will be worse than those in the foreign countries, As for the related guarantee activities, it can be seen that the existing “Guarantee Law” in our country is not perfect and there are still many problems. Faced with this reality, we need the state to build a sound and perfect guarantee law. To achieve this goal, we must also fully understand the composition and responsibility of commercial guarantee. Based on this, this article will start with the composition of commercial guarantee to discuss the particularity of the commercial guarantee in order to add impetus to the construction of socialist legal society and promote the socialist rule of law Society completed as soon as possible.