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A Research on Guarantee Insurance Legislation System

Author: JiangYunWei
Tutor: CaiLiDong
School: Jilin University
Course: Legal
Keywords: grarantor insurance legislation design system development
CLC: D922.284
Type: Master's thesis
Year: 2008
Downloads: 34
Quote: 0
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Abstract


The researching of Guarantee insurance legislation is not only the issue of the Insurance Law but also the system guarantee. The author starts with the system guarantee of insurance law, and look for the shortage of security which compared the present insurance system to the insurance of property, and three major limitations of enlarging Domino effects the economic security; the guarantee’s assurance for free is short of risk transferring system; the contrary principles of equity. The author also explores its solution, which leads out guarantee insurance system, and further explains that only guarantee insurance system can resolve the inadequate of insurance system.Guarantee insurance system is not only the issue of guarantee system but also the issue of the insurance law. In the framework of insurance law, the guarantee’s insurance system equals to the credit guarantee insurance functionally. Because of the different policy holders, the credit guarantee insurance can be divided into: guarantee insurance, credit insurance and guarantee Insurance. At the same time, regard the standard as whether get the agreement of creditors or not, classified guarantee insurance as: "The insurance with creditors’ agreement "and "The insurance without creditors’ agreement ". The author discusses the insurance character of guarantee as well, and state the core value system of insurance guarantee which is able to " ensure the guarantor withdraw from the system" which makes the joining of insurance system and guarantee system come true. At last, the author brings out the legislation of guarantor insurance system.In order to make the theory clear, the writer briefly introduce the guarantor insurance system in chapter one and explore its character. In section I, the definition of guarantee insurance system mainly focus on the concept of guarantor insurance, guarantee insurance’s contract, the classification of the guarantor’s security and so on. Especially, classified guarantor insurance as: "The insurance with creditors’ agreement "and "The insurance without creditors’ agreement", and further classified "The insurance with creditors’ agreement", which pave the way of further exploration to the legislation of guarantee insurance system. In the discussion of the character of guarantee insurance in Section II, defined the credit guarantee insurance, credit insurance, guarantee insurance and guarantor insurance. The author starts with "comparing guarantee insurance to guarantor insurance and credit insurance" and "comparing guarantor insurance and the character of insurance", which states that because of the different classification of guarantee insurance, it has the different character of msurance and guarantee.Chapter two is about the legislative importance of guarantor insurance system, which is the focus of discussion. In section one, from a security point of view, the three major limitations of guarantor insurance are discussed, which is a kind of people guarantee instead of property guarantee. Section two further discusses the conditions of overcoming the three limitations of guarantee system so as to prove that the key to solve the problem of the limitations is the guanrantor’s withdrawal problem; make a discussion about the existing legal system in order to prove that only the guarantor insurance system can solve the three limitations of insurance system, therefore it is necessary to establish guarantor system legislation. Chapter three is about the feasibility of guarantor insurance system legislation. In this chapter we explore from two areas, firstly, guarantor insurance system is beneficial for all the related parties. From the sponsor, creditors, insurers, the debtor and when guarantee co-exists with other security methods, and from its influence on parties of guarantee method, we can see that the legislation design of guarantor insurance system is feasible. Secondly, the guarantor insurance system is in line with existing legal system of values. Guarantor insurance is classified in insurance law as a kind of credit guarantee insurance. Because of its independent value of "guarantor withdraw from the guarantee", there is the need for legislation; in the Guarantee Law, from value tendency of " guarantor is not allowed to withdraw from the guarantee" we can find out that the real purpose is not to forbid guarantor to withdraw from guarantee, but because the permission would harm the interests of the creditors. If they can guarantee the interests of creditors, the guarantor can withdraw from the guarantee. Guarantee insurance system is a kind of system design in which the insurer replaces the legal status of a guarantor, and make guarantors withdraw from the guarantee without harming the interests of the creditors. The design cleverly addresses problem of interest conflict between creditors and guarantors, so guarantor insurance system is not a violation of the existing guarantee system but a reflection of the value of the guarantee law, and the development and perfection of the system. Chapter four is about legislative option of guarantor insurance system. The legislative design of guarantor insurance system needs no re-legislation in insurance law, but it is a revision of the existing law. China’s Guarantee Law, Article 6, that is, "Law alleged that guarantee refers to the behavior that guarantor and debtor make an agreement that when the debtor defaults, guarantor assume responsibility for the act in accordance with agreement. " is amended to read: "Law alleged that guarantee refers to the behavior that guarantor and debtor make an agreement that when the debtor defaults, guarantor assume responsibility for the act in accordance with agreement. Guarantor can divert or spread its responsibility to insurer through guarantor insurance. If creditors have agreed to guarantee access to insurance, the insurer can guarantee insurance contracts in accordance with the agreement to obtain the legal status of a guarantor, the guarantor will make a full or partial withdrawal from the responsibility in accorance with the agreement of the guarantor insurance "And the meaning of the new legal terms in the added guarantor insurance system are elaborated. Chapter five is about the exploration of the development of guarantor insurance system.If the design of legislation insurance system can really play a role in insurance law, which entirely depends on the improvement of legislation credit guarantee insurance and the development of carrying out a wide range of business. In this chapter, the author explores his idea on the current stage of China’s legal bottlenecks of credit insurance’s development and the improvement our credit guarantee insurance.The core values of the grarantor insurance system is that the grarantor is able to withdraw from the grarantee. The design of grarantor insurance system smartly solves the problem of lack of security in guarantee system; promise to expand the domino effect and influence economic security; grarantor’s nature of vonluntary guarantee, lack of risk transfer mechanisms and violation of balance principle are the three major limitations of the system. The design of this system is a development and improvement of the current guarantee system, and it has had an unusual effect.From the perspective of the insurance law, grarantor insurance is functionally equivalent of a credit grarantor insurance, and is under the regulation of current credit insurance system, which realizes the link between grarantor insurance and credit insurance system. Furthermore, the constraints and countermeasures of the development of grarantor insurance system were discussed.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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