Guarantee Insurance Legal Issues Research

A calm and tranquil life is an ideal life state for everyone.However,there always exist unexpected things in our life.People have a precautionary mindset about the unknown factors in life,avoid the occurrence of accidents as much as possible,and fund solutions to minimize the losses from the future unavoidable risks.Because of this,in recent years,people increasingly receive and cognize the insurance business which is in every aspect of people's life,and surety insurance is playing an increasingly important role in China's economic development.But there are few relevant legal rules on the emerging business of surety insurance,and the study on it is limited in most of law textbooks,which cause the defects of surety insurance in the legal norms.The controversies on the legal attribute are particularly important.Besides,there exist many controversies in the insurance right of subrogation and right of demurrer,such as,the existence of the insurance right of subrogation and the execution of the right of demurrer,and these issues directly influence the development of surety insurance.The failure to properly solve these issues hinders the development of surety insurance and also is an obstacle for the development of social economy.The paper conducts the study on surety insurance from the following aspects,and the author hopes to provide a good development environment for surety insurance through the study.There are five chapters in the paper.Chapter ? is introduction,indicates the author's reasons for and realistic significance of the subject study,introduces the opinions of domestic and foreign literature and scholars quoted by the author,and briefly states the entire framework and innovative points of the article.Chapter ? is overview of surety insurance.The Chapter elaborates on the concept,characteristics and categories of surety insurance,the comparison of the concepts between surety insurance and other related concepts,and legal constitution,and lays a solid foundation for the analysis and research on the legal issues of surety insurance.Chapter III is the issue of legal attribute of surety insurance.The Chapter analyzes and studies the issue of legal attribute of surety insurance,makes a comparative analysis on the origins and development issues of surety insurance at home and abroad,and positions the legal attribute of surety insurance from the aspects of social function and legislative benefit.In the author's opinion,only when surety insurance is positioned as insurance legal attribute,can it truly exert its roles in risk sharing and solving financing difficulty for the insured.from the aspects of both social function and subject relation,surety insurance and surety warranty are fundamentally different,so it is absolutely unacceptable to position surety insurance as surety warranty.From the social function and fundraising function of surety insurance,it is well-reasoned to qualify surety insurance as insurance attribute;the legislative difficulties in the qualitative process are temporary and don't conflict with the insurance legal principles.Chapter IV is the issue of the insurance right of demurrer.The Chapter analyzes the following issues.It analyzes and compares the rights of demurrer of the insurer and the guarantor,the mutual right of demurrer for the coexistence of surety insurance and warranty,and the issue of the right of demurrer when both the insurer and the guarantor earn profits.In the author's opinion,the solution of the issue of the right of demurrer should rely on the solution of the issue of legal attribute of surety insurance;if the issue of legal attribute of surety insurance is determined well,many issues which fall in the right of demurrer can be easily solved.Chapter V is the issue of the right of subrogation of surety insurance.The Chapter studies the insurer's right of subrogation from theoretical basis and obtaining of the right of subrogation,the execution name,object and timeliness of the right of subrogation,and the non-execution of the right of subrogation.The author thinks that right of subrogation of surety insurance is the insurer's legal right,and should be executed in the name of the insurer.It is inevitable to be certainly limited in executing the right of subrogation of surety insurance,and the right of subrogation cannot be executed when force majeure causes the insurer to be unable to perform the debt.