Research On The Legal Application Of Financing Guarantee Insuranc

In recent years,the market demand of financial inclusion,the innovation promotion of fintech and the strong support of policy have made the financing guarantee insurance business grow rapidly.As a branch of the guarantee insurance business,the early financing guarantee insurance business is no different from the ordinary guarantee insurance business whether in terms of risk control or the application of law.In recent years,however,financing guarantee insurance appeared such as business participants more diverse,more complex legal relationship,the insured is not fixed and beneficiary agreement,insurance fraud,and many other new forms,in financing more flexible at the same time,also make its business needs to deal with more uncertainties,business risk is higher.Therefore,in recent years,the CBRC has successively issued a number of regulatory policies for financing guarantee insurance,standardizing the potential financial risks of financing guarantee insurance,in order to give full play to its role in financing and credit enhancement,meet the wide demand of domestic long-tail lending,and help financial inclusion.However,the introduction of various regulatory policies is mostly auxiliary risk control or operational guidelines and norms,and there are few legal provisions on financing guarantee insurance,so the specific application is easy to cause disputes.Our country current "insurance law" only will guarantee insurance into the category of property insurance,without other specific applicable regulation,cause the court lacks unified guarantee insurance judgment basis.At the same time,at present,most domestic scholars take guarantee insurance as the research object,but ignore the characteristics of financing guarantee insurance and heavy financing credit enhancement and various new business forms.There is relatively little research on financing guarantee insurance.In judicial practice,the specific judgment of the cases of financing guarantee insurance has been constantly controversial,and the phenomenon of different judgments in the same case is everywhere.This paper first introduces the basic overview of financing guarantee insurance,discusses the vague legal nature and complex legal relationship of financing guarantee insurance,and clarifies the legal nature and specific legal relationship of financing guarantee insurance under the new business form,so as to clarify the application of specific legal rules.