Guarantee Insurance Study

Guaranty insurance is a kind of new insurance business which started from the occident, it was till 1990's that guaranty insurance was introduced to china. Scholars have a bitter dispute and don't agree with each other in a long time, and judicial circle always give different judge in the same case. The development of guaranty insurance is seriously stroked for it nowadays, these difficulties will be over come if we can profoundly grasp those important legal question. In view of this, the paper puts forward some legislation advice on the ground of studying guaranty insurance connotation and law relationThe paper is composes of the following parts:The first part makes distinction between guaranty insurance and guaranty, all of this identifies that guaranty insurance is a kind of special insurance, not guaranty, because of their fundamental differences. Then, compared to the property insurance, guaranty insurance have many differences although similar on these aspects, compared to credit insurance, guaranty insurance have diverted from the credit insurance nowadays which they have confused before. In the end, the author defines it as a special insurance that should be regulated in insurance law.The second part elucidates law relation of guaranty insurance from three different aspects. After having discussed the applicant, the insured and the insurer respectively, author focus on the issue whether the insured is the object of contract. Secondly, excluding other issues, the author agrees with most of scholar's views that the object of guaranty insurance is a kind of behavior of payment. The insurable interest of guaranty insurance is tightly relevant to object, There are three characters about it: Insurable interest of guaranty insurance is a kind of property interest, It is due to indirect damages, and exists in the period of the insurance and the indemnityThe third part outlines that guaranty insurance should be introduced, the practice of guaranty insurance has demonstrated that it wasn't explored completely in china. We should introduce it because of the need of market economy. Then, we find that deletion of insurance law lead to diverge of the judicial practice through a few typical cases in china. The epilog of this part suggests that insurance law should be revised according to the need of insurance market.The forth part puts forward legal advice from six aspects. They include concept of guaranty insurance, independence of guaranty insurance, introduction of guaranty insurance, preference between guaranty insurance and object's guaranty, subject of guaranty insurance, and enlargement of subject of limited notification. There are two steps in every aspect: firstly discuss deletion of the insurance law, secondly elaborate the suggested lawful norm.The fifth part has a summary to whole paper firstly, and emphasize again that guaranty insurance is a kind of special insurance. At the same time, the author put forward some advice relevant tightly with it: the relevant regulation of administration should be revised, the development of guaranty insurance need construct a system of trust law, and lawful education shouldn't neglect training of ordinary labor.