Guarantee Insurance Several Legal Issues In Research

Guarantee insurance’s development is the results of economic activity, in fact,guarantee insurance system is an improvement of the system of guarantees system.Guarantee insurance is not spontaneous in China’s domestic economic activity, but asa kind of imported system from abroad. Early in the18th century, Guaranteeinsurance as a system in Europe played a catalytic role in its economic developmentand social stability. Today, the United States is the largest guarantee insurance marketof the world. But in stark contrast to the good development of guarantee insurance,the development of China’s guarantee insurance completely caught in a dilemma. Dueto the lack of relevant laws and regulations, the court in the trial of cases of guaranteeinsurance is very confusing. Not only the insurance companies are reluctant to expandthe relevant guarantee insurance business, but also the guidance document of SupremeCourt is inconsistent. In addition to these practical problems in practice, in the field oftheorists, there are a series of basic issues of guarantee insurance have not solved,such as the nature of guarantee insurance, the definition of guarantee insurance. Thereis no consensus view about guarantee insurance today.The paper is divided into four parts. I will introduce the origin of guaranteeinsurance and course of development in the United States in the first part. Briefly tothe United States to ensure that several major insurance products, as well as the statusof the U.S. market in the worldwide guarantee insurance market and to ensure thedevelopment of the insurance market expected.The second part focuses on the history and current status of the development ofthe domestic guarantee insurance. Show the type and number of insurance companies, which run guarantee insurance business in the form of tabular. Simultaneous, analysisthe major obstacles in the market, and focuses on the reasons why we need guaranteeinsurance.The third part focuses on the nature of the guarantee insurance and the right ofrecovery to analyze and discussion. Elaborate the reasonable exercise of the propertyand its right of recovery exits.The fourth part focuses on how to improve our guarantee insurance system, suchas in the area of legislation, in the area of insurance association. The insuranceassociation should standardize the guarantee insurance business processes, strengthenthe training of professionals in specific operational level and jointly promote there-development of our country in the guarantee insurance. Offer advice andsuggestions for the development of our guarantee insurance system at last.