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Counter guarantee in our country "security law" stipulated in the provisions too principle and general, lead to enterprise in the practice of faces many problems. The enterprise USES the good counter guarantee measures, is the key to resolve enterprise risk road. Counter guarantee and guarantee for the rule of law is the same, its particularity in security right bear with a "reverse sex"; A general suretyship compared to the particularity of the joint guarantee is to enjoy the "first to plead right of defense", therefore, assume liability is added, and joint and several guarantee is directly responsible for payment; Common assurance must first confirm or exclude according to whether there is a guarantee, secondly to press an agreement or legal rules constructive is formed joint and several common guarantee; The content and the priority of insurer by content provider of insurance is the principal factors. In the judicial practice, the security of the system of review shall abide by the "agreement is better than the legal" basic rules. At present, with the high speed development of economy, capital financing becomes more and more important. At the same time, the financing service assurance in vigorous development, not only credit guarantee institutions in an upward trend in the number, assurance the guarantee offered services are increasing. With the development of debt assurance and complexity, gave rise to counter guarantee business. At present, in our country, the counter guarantee business is insufficient, but along with the economic integration, the counter guarantee business outlook is immeasurable, it makes we have to pay attention to it. However, our country to counter guarantee business in legal regulation also show certain hysteresis, from the present law is promulgated by the visible its imperfections. Counter guarantee provisions as part of the security law, many aspects need to be improved: at present, China's legislation on counter guarantee only principle regulations, counter guarantee all kinds of special place were not in the current system, pay attention to this in a certain impact on the counter guarantee in the role of risk prevention. This paper aims at the current counter guarantee legislation and practice of the problems in the analysis, proposed solves the countermeasure and the suggestion. In addition to the paper, the introduction and conclusion outside, is divided into three parts. The first part from the current counter guarantee on legislation of our country, the current regulations were reviewed in this article, in combination with the characteristics of counter guarantee legislation in our country, this paper discusses the counter-guaranty legislation in question. The second part to our counter guarantee practice to carry on the analysis, this section through the specific cases to analyze the practical problems of the reasons, and puts forward some Suggestions for below groundwork. The third part to our counter guarantee legislation and practice problems put forward countermeasures and Suggestions.