Study On Legal Rules Of Dispute Resolution Of Guarantee Insurance Contract

China’s guarantee insurance business after nearly 40 years of development,has achieved fairly good results,but because of the lack of relevant legal system,combined with the theoretical research is not enough in-depth,makes the guarantee insurance business to carry out the controversy in the process,cause this is planted the sustainable and healthy development of a lot of obstacles.Therefore,there is an urgent need to study the legal rules related to the warranty insurance contract dispute.This paper is mainly divided into three parts:The first part mainly introduces the basic situation of the guarantee insurance system,involving the clarification of the concept of guarantee insurance,the emergence of this system and the current development situation in China,as well as the distinction with several easily confused concepts.At the same time,on the basis of the existing academic theory of guarantee,insurance and dualism,this paper discusses the legal property of guarantee insurance,and finally thinks that guarantee insurance should be regulated as a new type of property insurance.The second part analyzes the focus of dispute in the practice of guarantee insurance contract dispute from the relevant judgment documents published on the website of judgment documents,Peking University Law and Faxin.Mainly have the cognizance of the liquidated damages clause and performance problems,guarantee insurance on behalf of the exercise of the claim issues,cooperation agreements with a variety of specific problem of the relationship between the guarantee insurance contract,guarantee means to coexist with the priority of problems as well as the basic problem of the relationship between the contract and the guarantee insurance contract,and the practice in actual analysis of existing different referees comments,discuss the reason of different connection with the given.The third part tries to put forward some suggestions to improve the legal rules of the settlement of warranty insurance contract disputes on the basis of the previous analysis and research.Specifically include: first,affirm the validity of the liquidated damages clause in the guarantee insurance,clarify the specific starting time of breach of contract and adjust the calculation standard of liquidated damages according to the specific situation;Secondly,it not only recognizes the applicable space of the right of subrogation in guarantee insurance,but also suggests that the guarantor of the insured be included in the exercise object of the right of subrogation.Thirdly,the cooperation agreement should be regarded as a pre-concluded ordinary independent contract,and the conflict between the cooperation agreement and the specific guarantee insurance contract should not be dealt with simply by applying the rules of open insurance contract in maritime law,but should be decided based on the specific content of the conflict.Fourthly,when the debt of the policy-holder（debtor）is guaranteed in a variety of ways,the creditor（the insured）not only has the right to choose whether and how to make an agreement with the insurer on the sequence of liquidation in advance,but also has the right to choose what kind of right to realize first in case of no agreement;Fifthly,considering the typical gratuitousness of commercial behavior,it is necessary to affirm the independent status of the guarantee insurance contract relative to the basic contract,and the validity and change of the basic contract do not necessarily have a material impact on the insurer’s undertaking of insurance liability.