Guarantee Insurance Guarantee: Basic Category, Legal Structure And System Improvement

Guarantee insurance guarantee is defined by the insurance company as a guarantor when the debtor fails to appear shall perform the obligation of the case.The behavior of the insurance company to fulfill obligations to creditors in accordance with the agreed guaranteed contract. The establishment of such security shall be paid by way of a bilateral contract, ensuring the insurance contracts both guarantee a common feature of general insurance contracts, as well as the main guarantor insurer also claims and liabilities of the contract. Principal contract is invalid, the guarantee insurance contracts are not invalidate the guarantee, but because the insurance guarantee to ensure that the purpose of the contract can not be achieved may be discharged; in addition, guarantee insurance guarantee is not allowed to provide counter-guarantee. Guarantee insurance originated in the late 18 th and early 19 th century, the United States and Britain economically developed, in the context of business ethics crisis occurred frequently generated, has now developed more mature. In contrast, in the 1980 s had just produced our guarantee insurance, guarantee insurance guarantee legal system and operating mechanism are not perfect.Respect and guarantee individuals, companies UNPROFOR mutual guarantee company guarantees compared to ensure insurance guarantee unique value and charm, mainly to have a relatively extensive risk management experience, strong force, between the bank and has considerable prospects for cooperation The advantages. In practice, guarantee insurance guarantees can compensate for the lack of credit guarantees, loans to SME to effectively alleviate the problem, but also broaden the investment channels of insurance funds to achieve diversification of asset allocation, and the insurance industry can play a financial intermediation function, promote social and economic development. For insurers, the insurance can also expand the types of business and enhance competitiveness.Insurance guarantee the most fundamental purpose and function is to protect the creditor’s rights realization, guarantee insurance must be attached to the basic legal relationship exists borrowing, guarantee insurance to bear the responsibility to ensure that eligible guarantor after recourse. About guarantee insurance legal relationship, first of all, for the academic status of creditors have a different understanding, a view that creditors are insured or the beneficiary of the guarantee insurance contract, another point of view is to ensure that the creditor or a third party insurance contract the relationship between people. Two said comparison, should be more appropriate to say later. Secondly, to ensure that the object of the insurance legal relationship is not the subject matter of insurance or benefits, and insurance companies should fulfill certain obligations as agreed behavior; insured(debtor) of the insurance companies are entitled to fully understand the terms of the contract the right to bear truthful disclosure and other obligations; Insurance companies collect premiums enjoys the right defenses, terminate the contract, recourse, as well as agreed to fulfill warranty obligations responsibilities; creditors request the insurance company to assume responsibility to ensure that the right to bear the obligation to truthfully inform the insurer.The main problems of social practice guarantee insurance guarantees that exist including the applicable laws chaos, risk prevention and control system is not perfect, the problem of personal credit system is imperfect and so on. Associated practices can learn from the Anglo-American, Japan, Korea and Taiwan, China, improve China’s mainland’s relevant laws and regulations, establish a strict risk control mechanism, the creation of specialized industry associations and guarantee insurance fund, establish and improve the personal credit information system, build more info communication and communication channels, and strengthen government support and supervision, to build a comprehensive guarantee insurance guarantee operation mechanism. This paper mainly includes four parts:The first part of the basic scope write guarantee insurance guarantees, mainly from the security guarantee insurance concept, characteristics, historical development and current situation analysis of three aspects. Change part focused on the insurance and guarantee insurance guarantees to ensure the security differs from the features, such as dual identity of the body, the independence of the contract and the like.The second part guarantee insurance and other guarantees to ensure the body contrast guarantees, guarantee insurance guarantee demonstrate the unique advantages in terms of risk management, financial viability conditions and bancassurance, and its practical value do the analysis.The third part discusses the legal structure of insurance guarantee security, is the core of this article. The main part of the nature of the insurance guarantee security, to protect the interests of the legal relationship between the insurer and the three questions were demonstrated. This section also shows the author’s core ideas that stand in the perspective of security guarantee insurance legal issues discussed.The fourth part is to improve our guarantee insurance guarantee. The first part analyzes the guarantee insurance guarantee in practice the problems immediately introduced guarantee insurance system in some developed countries and regions, in order to improve our guarantee insurance system provides a lot of useful experience. Finally, practice problems and he advanced experience of our country put forward a sound insurance system to ensure specific proposals.