《中华人民共和国商业银行法》第三十六条规定:“商业银行贷款,借款人应当提供担保。”借款人贷款必须提供担保是商业银行贷款的一项重要原则,也是一项重要法律制度。借款合同的担保是市场经济发展中经常发生的一种法律行为,担保法律关系一旦设立,即在当事人之间产生了一定的权利义务关系。借助于这种关系可以督促债务人履行债务或者在债权人不履行债务时,债权人可以通过法定程序从债务人或者第三人处获得某种补偿,以弥补遭受的损失,实现自己的债权。在专业银行向商业银行转轨的过程中,计划经济时期沿用已久的信用贷款担保方式转换为实物贷款担保方式,然而银行以抵押、质押担保贷款业务仍处于探索阶段,特别是相关的法律、法规、规章出台时间不长,金融机构贷款管理机制还有待于进一步完善,最近我们在对部分银行货款担保业务进行一定范围的调查中发 Article 36 of the Law of the People’s Republic of China on Commercial Banks stipulates: “Loans from commercial banks shall be guaranteed by the borrower.” "The borrower’s loan must be guaranteed. It is an important principle of commercial bank loans and an important law system. The guarantee of loan contract is a kind of legal act that often happens in the market economy development. Once the legal relationship is established, there is certain rights and obligations between the parties. With this relationship, the debtor can be urged to fulfill its obligations or, in case the creditors fail to pay their debts, the creditors can obtain some kind of compensation from the debtor or the third party through legal procedures to make up for the losses suffered and realize their own claims. During the transition from a specialized bank to a commercial bank, the long-standing guarantee system for credit loans in the planned economy was converted into a real-life loan guarantee. However, the banks are still exploring the mortgage loan business with pledges and pledges, especially the relevant laws and regulations , The regulations promulgated a short time, the financial institutions lending management mechanism still needs to be further improved, recently we part of the bank loan guarantee business a certain range of investigations