Research On Legal Issues Of Guarantee Insurance

It has been more than 20 years since the guarantee insurance was imported into our country,With the market demand of our country's economic development,this new type of insurance business has gradually developed and expanded.Along with the extension of the field of guarantee insurance,some legal disputes arising from it also follow.Guarantee insurance is the payment of insurance premiums to the insurer by the policy-holder(the obligor).When the policy-holder fails to perform the agreed or legal obligations due to act or omission,it causes losses to the insured(the obligee).A risk transfer mechanism for indemnification from the insurer to the insured.In theory,however,there is a lot of debate about the legal nature of guarantee insurance,such as "assurance theory","insurance theory" and "mixed theory".Besides,there are few legal norms to guarantee insurance in our country.When the Insurance Act was amended in2009,the guarantee insurance was formally assigned to property insurance,and there were no other legal provisions in addition to that.The documents issued by the CIRC and the Supreme Court relating to guaranteed insurance also contradict each other.At present,the existing laws can not be directly applied to them,so that there is no unified and credible conclusion on many legal issues in insurance contract disputes,which leads to confusion in judicial practice.It also affects the further development of the guarantee insurance system.Because the guarantee insurance conforms to the credit economy's pursuit of convenience,safety and efficiency under the current market environment,it makes up for the traditional single way of ensuring creditor's rights and risk transfer.It has become an indispensable insurance system in the economic market from the rise to the present in the developed countries.This paper tries to sort out the basic issues of legal concept and legal characteristics of guarantee insurance on the basis of existing points of view and combined with my own understanding.Through the evaluation of different theories of the nature of the law,the author puts forward my own viewpoint and proves it.Taking judicial practice as the starting point,this paper analyzes the legal problems existing in the guarantee insurance system of our country at present,and puts forward some suggestions for perfection.Apart from the introduction,the article is divided into four chapters.The introduction part,through reading a large number of literature,summarizes the present situation of the legal research in the theory and practice of the guarantee insurance system at home and abroad,and the significance and purpose of the study.The chapter one is the carding of the basic legal problems of the guarantee insurance,and expounds the general situation of the guarantee insurance,characterize,etc.To the legal nature of different controversial doctrine to be evaluated.As a basis for further argumentation below Base.The second chapter expounds the legal research status of the guarantee insurance system at home and abroad,and then compares and analyzes the legislative problems of the guarantee insurance system in our country and the legal commonality of the guarantee insurance system.The third chapter expounds the difficulties faced by the development of guarantee insurance in China from two aspects: the dispute arising from the application of the guarantee insurance law and the problems arising from the practice of the guarantee insurance law.The application of the guarantee insurance law is the main object of writing.From the point of view of practice,analyzes the outstanding problems in the guarantee insurance.Such as whether the guarantee insurance contract has the independence,its relation with the basic contract and the guarantee insurance cooperation agreement,whether the subrogation claim right can be applied in the guarantee insurance,as well as the widespread abuse of the insurer's defense right at present,and so on.Based on the discussion of the basic problems and the comparison of the legal development of the guarantee insurance system at home and abroad,the fourth chapter puts forward some suggestions for the perfection of the law in view of the legal difficulties faced by the development of the guarantee insurance system in China.