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On the improvement of guarantee insurance system in China

Author: FuZhenHua
Tutor: LiuZhiHui
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: guarantee insurance surety bond the right to compensate legal application
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 150
Quote: 1
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Abstract

In the United States and some developed European countries, guarantee insurance has become a successful financial innovation. However, guarantee insurance is still a controversial legal topic in China. New insurance law modified in 2009 regards guarantee insurance as a business type in property insurance, which makes guarantee insurance find a foothold in our law system. This paper aims to study the application and improvement of guarantee insurance. Except the introduction and conclusion, this paper is divided into four parts.The first part analyzes the concept and characteristics of guarantee, investigates its specific types and looks back its development and change history including foreign countries and domestic situation.The second section analyzes the theoretical basis and real obstacles of guarantee insurance. The author believes that, as a kind of special property insurance, guarantee insurance has its system value, because it is different from the general property insurance, surety bond and credit insurance. The author advocates a binary thinking to treat the legal nature of guarantee insurance. The third part analyzes the legal dilemma of guarantee insurance from the substantive and procedural aspects. In substantive law, there exists controversy about legal application of guarantee insurance, insurable interest, independence of insurance contract and the right to compensate, which brings much trouble to the judicial practice. Besides, jurisdiction and the legal status of the third person in procedural law deserve to study.The last part, the author puts forward a series of advice to improve guarantee insurance. We need to modify insurance law and strengthen the social credit legislation. We also need to pay attention to the right to compensate, the right to terminate and exclusion liability. In addition, the author proposes his views to improve and strengthen the legal regulation of guarantee insurance.

On the improvement of guarantee insurance system in China

Abstract

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