On The Performance Bond Insurance Contracts And Bank Risk Prevention

With the warm up of personal consumer credit, the market become more standard and larger. To make sure the safety of the credit when the borrower can't pay off the money, the commercial banks and insurers establish the performance-guarantee insurance together. But there are many divaricators on the cognizance of the guarantee insurance's character, and there are not native viewpoints on some parts, for example, whether the legal relationship of guarantee insurance means the legal relationship of insurance, what's the difference and similarity between the guarantee insurance and the civil responsibility insurance, what's the legal application of the guarantee insurance, etc. This article argues the topic from the guarantee insurance's characteristics, the relationship between the performance-guarantee insurance and the common insurance, the risk- preventing of the performance-guarantee insurance in bank, the legal consummation of the guarantee insurance. Through disquisition on the legal theory of the guarantee insurance, this article aims at the banks and insurers' double-win.This article makes a rationalism about the performance-guarantee insurance's problems of our country'spresent, points out the inherent limitation and advices that performance-guarantee insurance is a kind of insurance variety not a "guarantee legal" viewpoint . According to our country's performance-guarantee insurance's actuality and justice practice. This article discusses the operation risk of performance-guarantee insurance. Advices the measures of risk-proof and adapts the performance-guarantee insurance system to our country's consume credit. Advances the legislation advice.This article makes four main parts:The first one is performance-guarantee insurance pact logos, resolves its conception, developing course, character, sort on the basis of theory.The second is performance-guarantee insurance pact's law quality analysis discusses its argument and the relation to guarantee assure pattern. Responsibility insurance as well as its application quality and assume.The third is cause analysis and defense countermeasure. Analyses performance-guarantee insurance risk,performance-guarantee insurance researches the countermeasure of bank can take.The fourth is legislation advice and system choice advancesperformance-guarantee insurance law system and government ward organization's value tropism first .it needs to mend a few laws and codes changes its blank actuality. Sets up a perfect law system . Second improve bank ward originations and insurance ward originations function. Mediates their contraction. Third lows performance-guarantee insurance system's social cost, pushes finance mixture system establishes legal system circumstance.China's economy is shunting. Insurance ward and finance law system.-have a difference from performance-guarantee insurance system's request. With the gradual development of our country's consume credit. Insurance ward and finance law system, performance-guarantee insurance system will have a good development...