On The Legal Issues Of Guardian Liability Insurance

Guardian liability insurance refers to the guardian by the guardian(minors and mental patients)violations caused third people personal injury or property damage should bear the liability for damages,the guardian on the basis of the insurance contract to the insured to pay the premium,when the tort liability,a system by the insurer on the basis of the policy to bear the loss the liability for compensation.The guardian liability insurance as an insurance product,has the general characteristics of insurance products have,such as transfer of risk burden,reduce the insured economic pressure;at the same time,it also has its own independent characteristics,namely,it is based on the guardian and ward(minors and The mental patient on specific guardianship).Because the insurance liability of the guardian in China started late,the development level is limited,so the guardian's liability insurance of our country at present there are still many deficiencies,need to constantly improve and perfect.This paper uses empirical analysis,comparative analysis and other research methods,from the following parts the legal analysis of the guardian liability insurance system in China: the introduction of the two cases leads to Guardian liability insurance,pave the way for the later study.The first part introduces the concept of the guardian liability insurance,present situation and necessity of development.The guardian liability insurance is one kind of insurance products,in particular to the guardianship system as the basis.The guardian's liability insurance has urged the guardian has done to the guardian of the kind of obligation is right;balance Guardian,guardian and the insured parties three;promote the development and improvement of the guardian liability system in China and other functions.The second part analyzes the guardian liability insurance in our country.The first part introduces the guardian liability insurance penetration rate is not high status and causes;and then points out the relationship between the basic function of the guardian's liability insurance and tort law,and carried out analysis;finally,pointed out that China's most insurance companies do not cover the mental patient tort liability.And the reason is discussed.The third part puts forward the relevant measures to improve the guardian's liability insurance in our country.These suggestions are found in the guardian's liability insurance problems as thestarting point,mainly improved from three aspects: the increase of the guardian liability insurance market development efforts;perfect the guardianship system function's liability insurance and tort liability cohesion;implementation of mental patients tort liability insurance system.The conclusion part summarizes the main content of the article,This paper expounds the significance of the guardian liability insurance and the prospect of its development.