Study On Several Issues About Guardian’s Liability Insurance

The guardian, who takes compensating responsibility for damages caused bypupillus, can spread the risk through liability insurance for peaceful life. Theguardian’s liability insurance underwrites guardian’s civil compensatingresponsibility caused by pupillus. Its development comes out depending on theguardianship system. The guardian’s liability was under coverage since decades ago,but it’s still fresh in China, and the understanding of it is limited. Unlike normalliability insurance, the guardian’s liability insurance’s existence is predicated onguardian’s liability.The function analysis method, empirical research method and inductive methodare used in this thesis. Beginning with analyzing the definition of guardian’s liabilityinsurance, we focus on two legal problems about its practice, and then followed bycorresponding advices for revise and system amendment.There are three standpoints about the connotation of guardian’s liabilityinsurance: extension-broad sense, eclecticism and the narrow sense. Havingcompared the three standpoints, the author outlines that contractual obligation is notcovered by the guardian’s liability insurance. Meanwhile, the research on itsdeveloping history will help to understand its implication, the future and value ofresearch also can be demonstrated through analyzing its basic functions.The second part focus on two problems that the guardian’s liability insurancefacing in practice, and mainly analyzes two issues. First, the coverage problems thatthe guardian’s liability insurance faces. On the one hand, the guardian’s liabilityinsurance underwrites guardian’s compensating liability, which depends on theguardian’s liability rules, but the guardian’s liability rules show the risk range ratherthan the scope of insurance coverage. A long-standing argument focus on therationality of guardian’s liability regulations, the main divergences lie in two aspects:guardian’s liability bearing methods, the criteria of pupillu’s responsibility subject status, both of which also the guardian’s liability insurance faces. On the other hand,there are many coverage restriction clauses which mainly refer to the insured’ssubjective condition and the exclusion clause about mental patients. After review, therisk that the guardian can transfer through guardian’s liability insurance is verylimited. From the above, it’s necessary to diversify risk-spreading channel for theguardian. Second, the other typical issue which the guardian’s liability insurancefacing is the liability insurer’s right to participate. There’s no corresponding provisionin Chinese insurance laws and regulations, most of insurers agree this right forself-protection, however, the insured and the applicant’s rights are easily hurt.Therefore, it’s necessary to determine the insurer’s participation right.The third part proposes the corresponding countermeasures after analyses. Thefirst is to improve the guardian’s liability regulations through legislation. We shouldset the cognitive ability as the criteria for the pupillu to take responsibility for its ownbehaviors. Through delimiting the pupillu’s liability extent, the guardian’s liabilityand liability-bearing method would be determined, and the coverage will be clearfinally. The second, lay down a new regulation in the Insurance Law of the People’sRepublic of China (Insurance Law) to entitle the insurer to participation right togetherwith participation duty, in order to prevent the insurer from hurting the applicant andthe insured just through contract. Finally, it’s time to make mental patient’s liabilitycompulsory insurance rules. Based on the current social relief and social securityrules, strengthen the mental patient’s behavior management, and protect their lawfulrights and interests, in order to achieve public protection and maintain social stability.The development of liability insurance is relatively late in China. TheDevelopment of the guardian’s liability insurance, who is trying to fulfill customerdemand to the maximum with the minimum cost, not only depends on theimprovement of guardian’s liability rules, but also lies on the amendment of recentliability insurance regulations.