Guarantee Insurance Legal Issues

As the ancestors said: "When you are safe, you must consider the danger" .People try to avoid the appearance of danger in different way. Insurance is the arrangement of system that deals with the danger , it is a legal system , in which the insurance company gets insurance fees and undertakes the corresponding risks .Insurance developed rapidly in our country, it also plays an important part in our national economy.In the fields of insurance ,guaranty insurance is a new professional work ,it happens extensively in the fields of the sale and credit of buildings cars and so on .Soon after it works ,the rate of the danger is so high ,and there are so many cases about it .The insurance company canceled all the professional work of guaranty insurance in the sale of cars .Guaranty insurance is new ,there is little regulations about it in our national laws ,there is also little introductions about it in most books of insurance law .Although ,some people forecast that guaranty insurance will have wide market space and prospect .For this reason ,the writer applies several means to research it, such as annotation comparison the historical analysis and so on .On the basis of analyzing more relative materials, the writer realizes that the definition of the nature of guaranty insurance is the most important question about the application of law and the development of guaranty insurance .The writer sets forth her reasons .The writer hopes that the legislation and the practice of guaranty insurance can benefit from this thesis.The first part of this thesis covers the basic problems of guaranty insurance .Guaranty insurance is a part of property insurance, in which the insured asks the insurer to insure or the insurer insures himself .Then ,The insurer and the insurance company contract with each other ,they agree that the insurer must pay the premium and the insurance company must pay amount of money when the rights of the creditor can not be realized on time .In addition to the general features of insurance ,guaranty insurance has its own features .Guaranty insurance has relations and distinctions with guaranty and credit insurance .The second part is the research of the nature of guaranty insurance and the status of it , it is the key part of this thesis . The writer considers that guaranty insurance belongs to insurance ,expounds and proves her opinions in the visual angels of literal meaning the first consideration of introducing this institution and the analysis of the basic theory of law .All the angels can be considered as new visual angels .The guaranty insurance is fit for the feathers of insurance about economic institution the legal liabilities of guaranty insurance is independent .So the status of it is independent .The third part is the research of entity law problems in the practice of guaranty insurance .This part involves the problems of subrogation of insurance law anti-guaranty the right of counterplea and so on .All of them are representative .The writer expounds them partly and tells us how to solve them .In the last part of the thesis ,the writer expounds deeply several main procedure law questions in legal practice of guaranty insurance ,such as the definition of main body of lawsuit the definition of jurisdiction whether we try the case of guaranty insurance and the basic business in the same procedure and so on.