Research On The Perfection Of Legal System Of China's Guarantee Insurance

With the development of market economy,the insurance industry has become more and more important.Insurance companies in order to expand their business and meet the needs of people,they develop new insurance products constantly.Guarantee insurance originated in the UK.Several companies in the UK tried to carry out the guarantee business but they failed because of lack of money.Than,an honest deposit company in Maryland restarted the business,thus the business had been growing in the European market.Guarantee insurance in our country may appeared in the 80 s of last century.The development of china's guarantee insurance is not short,but it was repeatedly halted.There are few provisions on guarantee insurance in China.There is just a little research on guarantee insurance in insurance practice and theory and many problems can not reach a unified opinion.Due to the lack of legal basis and industry rules,there are many problems in the practice of guarantee insurance.And because there are a lot of disputes between guarantee insurance and guarantee,there is no basis a in solving these problems.Therefore,the fundamental solution to these problems is to find out the nature of the insurance,and then from the legal regulation.Therefore,this paper starts with the connotation of guarantee insurance and guarantee,then analyzes the legal relationship of guarantee insurance.And discusses the differences from the aspects of guarantee insurance and guarantee,to make clear that guarantee insurance's legal attribute is insurance other than guarantee.Based on the analysis of these problems,this paper puts forward some opinions on the development of guarantee insurance.There are four chapters in this paper.The main contents are as follows:The first chapter summarizes the connotation and characteristics of guarantee insurance.The second chapter starts with the legal nature of guarantee insurance.Through analysis subject qualification of guarantee insurance?independence of guaranty insurance contract?different way of liability between insurer's and guarantor?different limitation of action and exclusion interval?different right of defense and liability exemption condition,make sure that the legal nature of guarantee insurance is insurance not guarantee.Then analysis the effect of counter guarantee?mortgage and recovery right on realization of guarantee insurance rights.Furthermore,the obligation to examine the applicant's credit information in the guaranty insurance shall be reasonably distributed.In the third chapter,this paper makes an investigation on the guarantee insurance system abroad.This paper introduces the United States,Japan and European countries on the guarantee insurance system in file and sum up the merits of the system and desirable experience.In addition to the abroad system must also be combined with China's national conditions.We could set up a variety of insurance coverage,establish an effective risk prevention mechanism and perfect credit legal system.The fourth chapter puts forward some suggestions on the perfection of the legal system of guarantee insurance in China.Starting from the basic attributes of guarantee insurance,clearly explain the connotation of insurance within the framework of the insurance law.On this basis,we need to improve the relevant laws and regulations.We need to be clear insurance legal relationship's main part?object and content,then determine the rights and obligations of the insurance contract,and solve the relationship and conflict between guarantee insurance and guarantee.Only rely on the improvement of laws and regulations is not enough to support the legal system of guarantee insurance.Because of the high risk of guarantee insurance we should establish and perfect our credit evaluation system.But we also have to pay attention to the protection of personal privacy and business secrets when we avoid risk.In addition,we also need to formulate industry standards,improve the market access system,and strengthen the insurance industry's self-regulation to improve industry supervision.Finally,we should put our hand to the insurance company's internal.The company should strengthen the internal information construction,establish their own risk prevention mechanism and improve the comprehensive quality of their employees.