近年来,越来越多的人通过银行提供的按揭贷款业务来购买汽车,但银行为了降低自身的风险,往往要求消费者将所购车辆作为抵押物或提供保证人,同时还必须向保险公司投保保证保险。然而,由于我国《保险法》及相关的保险法律规范对“保证保险”未作规定,导致实践中产生大量纠纷,而法院在审理时由于没有相应的依据,因此案件的判决结果往往大相径庭。本文主要是分析按揭贷款购车履约保证保险中存在的法律关系。 In recent years, more and more people buy vehicles through the mortgage loan business provided by banks. However, in order to reduce their own risks, banks often require consumers to use the purchased vehicles as guaranties or guarantors, and at the same time they must also insure the insurance companies Guarantee insurance. However, because our country’s “Insurance Law” and the relevant insurance laws and regulations have not stipulated “guarantee insurance ”, there are a lot of disputes arising in practice. However, the courts often do not have the corresponding basis in the trial, so the outcome of the cases in these cases are often very different. This article is mainly to analyze the legal relationship existing in mortgage loan guarantee.