“以贷还贷”已成为商业银行贷款业务不容忽视的法律问题。商业银行办理以贷还贷时应注意借款合同并非必然有效或无效 ,只有符合合同法和金融法规 ,才具效力。应注意以贷还贷合同中 ,担保合同从属性及独立性对担保合同效力的影响。以贷还贷虽有其存在的合理性 ,但商业银行应认识到以贷还贷可能形成新的信贷风险。 “Loan repayment by loan” has become a legal issue that commercial banks can not ignore in the loan business. When handling commercial loan repayments, commercial banks should pay attention to that the loan contract is not necessarily valid or invalid, and only in conformity with the contract law and financial regulations will it be effective. Should pay attention to the loan repayment loan contract, the effect and independence of the guarantee contract on the effectiveness of the guarantee contract. Loan repayment despite its existence is reasonable, but commercial banks should recognize that loan repayments may form a new credit risk.