Housing Mortgage Loan Guarantee Insurance Law Studies

Guarantee insurance is insured to the insurer will pay for the premium, insuranceinsured insurant fails to perform the obligations or dishonest behavior risk of loss, whenthe insured suffers the loss, the insurer shall according to the law give the insurancecompensation system. And the guarantee insurance of a special type is the housingmortgage guarantee insurance, is a bank in order to prevent the possible loss of abilityto repay loan lender risk, improve the security of the loan, thereby reducing the risk ofbad debts and insurance company run by the joint to an insurance. China’s housingmortgage loan insurance system is in the late ninety’s with the urban housing systemreform and introduced from foreign countries, as an import, after ten years ofdevelopment, has certain social benefits. But China’s housing mortgage loan guaranteeinsurance system has obvious defects in insurance industry itself, the high degree of risk,the practice has many problems, directly affect the system healthy development in china.At the same time, theory of the nature to have the argument, to produce a variety ofdifferent theories. The corresponding legislation is obviously insufficient, the judicialpractice is in chaos, a series of problems are solved urgently. In view of this, this articleattempts from the interpretation of the basic theory of set, clear the nature of mortgageguarantee insurance, combine typical case to undertake practical analysis, combing theparties to a contract between the main legal relationship, efforts to explore and constructthe comprehensive legislation system, and strive to China’s housing mortgage guaranteeinsurance of further development of help. The full text is divided into three chapters:The first chapter of mortgage guarantee insurance of interpretation of the basictheory of. Firstly, guarantee insurance and mortgage guarantee insurance concept wasclear. Through the various theories of the introduction, detailed study of housingmortgage loan in the legal nature of guarantee insurance, to contribute to the practice of dispute resolution. On the contract elements of detailed analysis, make us of mortgageguarantee insurance of a more profound understanding of.The second chapter of mortgage guarantee insurance practice analysis. This part isthe biggest characteristic of the organic combination of theory and practice, the theoryat the same time, through the case analysis, to further clarify the legal status of the bank,at the same time, deepen the insurance right of pleadings and the right of recourse to theunderstanding of knowledge, enable us to more accurately grasp the problem.The third chapter of China’s housing mortgage loan guarantee insurance regulationand perfection. Recommendations from the actual condition of our country, try hard toconstruct different potency levels of guarantee insurance legislation. Strengthen theindustry supervision, aiming at" bancassurance " trend of development, emphasize thesupervision to maintain national economic and financial stability an important role.Relevant supporting measures to improve, will further promote China’s housingmortgage loan guarantee insurance business health development.