《担保法》司法解释第22条第1款规定,保证合同必须同时具备第三人出具保证书、债权人接受保证书两个环节。但实践中,诸多的司法判决已然表明法院在适用这一条款时存在扩大解释该条款适用范围的倾向。一则案例向我们提出了如何认定第三人出具的保证书的法律性质,不当适用本条款可能对保证人及社会经济秩序造成的不利影响,以及适用本条款必须固守的基本限度。贷款签订了连带责任担保书甲公司向丁银行申请贷款100万元,乙公司作为保证人在借款合同签订当日便与丁 Article 22 (1) of the Judicial Interpretation of the Guarantee Law stipulates that the guarantee contract must have both the third party’s guarantee and the creditor’s acceptance of the bond at the same time. However, in practice, a large number of judicial decisions have already shown that there is a tendency for the courts to extend their interpretation of the scope of application of this clause when applying this clause. A case brought to us how to determine the legal nature of the bond issued by a third party, improper application of the possible adverse effects on the guarantor and social economic order of the provisions of this article, and the application of the basic limits to which the articles must be adhered. Loan signed a joint responsibility guarantee A company to apply for a loan of 1 million Bank of Ding, Company B as a guarantor in the loan contract was signed with the small