Theory Of Auto Loan Guarantee Insurance In The Insurance Company Law Benefit Protection

Guarantee Insurance for the Automobile Consuming is a contractual legal relationship of the borrower(the insured),commercial banks and insurance company. The insured borrows money from commercial banks and delivers insurance cost to insurance company, the insurance company will assume the responsibility for repayment of the loan can not. Guarantee Insurance for the Automobile Consuming involves4main party and3relationships. They are car buyer, car dealer, commercial bank, insurance company. Business legal relationship is between car buyer and car dealer. Loan legal relationship is in car buyer, car dealer and commercial bank. Insurance legal relationship is in can buyer, commercial bank and insurance company.In practice, Guarantee Insurance for the Automobile Consuming disputes, especially as the financial giants, insurance company, not only failed to achieve the expected benefits and suffer great losses in the social impact and economic interests.However,Guarantee Insurance for the Automobile Consuming is a "double-edged sword." Regulation properly, offered reasonable, will present a "win" situation.Car buyer, car dealer, commercial bank, insurance company will benefit; other hand, the main bound to a loss for both sides. Guarantee Insurance for the Automobile Consuming is bound to always exit from the insurance market. This paper attempts on the basis of previous research to do a study in legal interests for insurance company in Guarantee Insurance for the Automobile Consuming.Clear the legal nature of Guarantee Insurance for the Automobile Consuming is a prerequisite for the correct application of law and avoiding disputes. There are insurance theory and guarantee theory about it. And insurance theory is more reasonable.Guarantee Insurance for the Automobile Consuming system building should focus on to maintain the legal benefit balance between commercial bank and insurance company and shouldn’t not properly passed the make risk on to the other. During the process of "Banc-assurance" to carry out Guarantee Insurance for the Automobile Consuming, only two sides to render the co-operation state, a double excellent results will achieve. According to existing laws and regulations, insurance company and commercial bank in Guarantee Insurance for the Automobile Consuming legal relationship both have credit review obligation of the borrower (the insured). That Commercial bank passes it on to insurance company in banking and insurance cooperation agreement shall be invalid.Insurance company faces two risks in the insurance business in carrying out Guarantee Insurance for the Automobile Consuming. First, the risk of lack of knowledge and marketing channel management is not standardized, the second is the risk from the overall social credit is not high.Legislators should clear the legal nature of Guarantee Insurance for the Automobile Consuming in China’s insurance laws and regulations as soon as possible and properly configurate the rights and responsibilities of insurance company and commercial bank in order to promote it smoothly. The insurance company should not only focus on researching to the nature of guarantee insurance,then timely adjust and improve the terms of the insurance contract, and should focus on prevention of business risks, and adjust the management mode. Commercial bank should focus on the credit review and credit check, and strengthen risk control. Insurer who meet its contractual liability for the insured would enjoy a right of subrogation. Commercial Bank as the insured should fulfill corresponding obligations. Establish a sound social credit system is a necessary condition for Guarantee Insurance for the Automobile Consuming carried out smoothly.