“The Judicial Interpretation of Independent Guarantee” in China is in accordance with the development of legal regulations and legal theories and is adaptable to the international commercial judicial system. However, many disputes arise in the identification of the independence in the Independent Guarantee in recent legal practice in China. The Independent Guarantee which came into being in North America and European is most adaptable to its local and historical economic demands. The differences in the procession of the growing of independent guarantee in the United States and France driven by the objective factors showed the clear importance of origins that affect the national regulation. The identification of independence in Independent Guarantee in China should be based on the strategic demand of “One Belt and One Road”, and also consider the practical needs of the Chinese Commercial evolution.