Study On Legal Problems Of Microfinance Guarantee Insurance In China

Due to the lack of credit-guaranteed assets,when applying for loan funds from financial institutions such as banks,farmers and small-and micro-enterprise owners are often in a weak position.Loans can hardly become the weak links for small and micro enterprises to expand their business scope and scale,and to develop innovative technologies.The microfinance guarantee insurance effectively alleviated the problem of "three rural" economic financing and the breakage of the capital chain of small and micro enterprises.However,inevitably,legal disputes concerning small loan insurance have also emerged,and they have become more and more intensified.However,the laws in our country are relatively fragmented,the theory and practice are out of touch,and the local courts have disputes over the application of specific laws to clarify our country.Problems faced in the practice of small loan guarantee insurance legal disputes have become an urgent task.This article compares the relevant concepts to highlight the advantages of microfinance guarantee insurance,and the similarities with other similar concepts,so as to further analyze the theoretical disputes and practical difficulties faced by microfinance guarantee insurance,and to clarify the law of microfinance guarantee insurance.The necessity of the problem.Secondly,it analyzes the pilot conditions and operating mechanisms of China's micro-credit guarantee insurance business in each region,discusses possible credit risks and policy implementation risks in the operation process,and focuses on the analysis of the existence of China's microfinance guarantee insurance legal system.The problem.The second part analyzes the type of civil lawsuit verdict of nearly 100 microfinance guarantee insurance disputes since 2011,including the type of the case involved,the cause of the dispute,the disputed point of the case,the area and amount involved,and the applicable law.Statistics and induction have obtained the status quo of the practice of legal disputes for microfinance insurance in our country and the problems that need to be solved urgently.For example,the legal status of the parties in the microfinance guarantee insurance legal dispute is unknown,and for example,the insurer passed the payment after the occurrence of the insurance accident.How to achieve the subrogation claims obtained by the amount of insurance agreed upon in the contract,etc.On the basis of comparatively summarizing the relevant academic viewpoints of the micro loan guarantee insurance concept,a different structural model of the micro loan guarantee insurance business is constructed according to the practice,and at the same time a typical case analysis is used to refine the disputes in the process of resolving the microfinance guarantee insurance legal disputes.Therefore,it proposes measures to improve the handling of legal disputes in China's microfinance guarantee insurance.The first is to determine the independence of the microloan guarantee insurance contract,which includes clarifying the legal relationship of the microfinance insurance,harmonizing the applicable legal provisions of microfinance insurance dispute,making the law useful,and relying on the law;The second is to protect the insurer's right to subrogation,specifically including the constituent elements of the insurer's subrogation right,the method of acquisition and the exercise of the name,so that the exercise of rights is justified;the third is to improve the liability of the microfinance guarantee insurance.The system encourages the insurer to perform clearly stated obligations,distinguish the debtor from default,confirm the validity of the terms,and improve the legislative protection of microfinance guarantee insurance system.