The Legal System Construction Of The Consumer Credit Guarantee Insurance

The consumer credit guarantee insurance originated in the United States which consumer credit was developed. The consumer credit guarantee insurance is one of the mature insurance in the international insurance market now. But in our country, the consumer credit guarantee insurance developed late in the end of1990’s. Limited by the problems of the insurance product itself and the related legal system, the guarantee insurance of consumer credit of our country developed flexural. But along with the development of the market economy in China and the global economic integration, the guarantee insurance of consumer credit must gain prosperity again someday.The needs of the development of the market economy recall the guarantee insurance of consumer credit. But the absence of the provisions in our "insurance law" and the relevant administrative regulations makes different results in judges’ judgments, which leads to high uncertainty to the guarantee insurance of consumer credit and reduce the market value of the insurance.Therefore, construct and perfect our legal system of the consumer credit guarantee insurance is particularly urgent. This paper starting from the judicial practice, focusing on many specific legal problems involved in consumer credit guarantee insurance, try to look forward to giving some suggestions on the construction of the legal system of the consumer credit guarantee insurance, through the theoretical and practical analysis.This paper is divided into five parts.The first part of this paper expatiates the reason the author choosing this theme; introduce the specific problems discussed in the text and the research status home and abroad.In the second part, the author discusses for the legal property of the consumer credit guarantee insurance. To the legal property of the consumer credit guarantee insurance, there basically are three theories. The author will present his definition by the method of comparison.In the third part, the author will focus on the confusions in the substantive law of the consumer credit guarantee insurance. In the aspect of the subject of the legal relationship, this paper will define whether the obligee is the party of the contract. To the object of the legal relationship, the author will distinguish the insurance object and the insurance interests, and define what the object of the consumer credit guarantee insurance is clearly. Then, in the aspect of the rights and the obligations, there are discussions for truthfully inform obligation, credit review obligation, and Subrogation Right.In the fourth part, the author analyzes the confusions in the procedural law of the consumer credit guarantee insurance, including these two problems:What the legal status of the insurer in the loan contract dispute. What the legal status of the applicant in the insurance contract dispute.In the fifth part, combined with the clarification above, the author proposes some general opinions to the construction of the legal system of the consumer credit guarantee insurance.