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新“国十条”提出推动保险服务经济结构调整。其中特别提出加快发展小微企业信用保险和贷款保证保险,增强小微企业融资能力;积极发展个人消费贷款保证保险,释放居民消费潜力。保证保险作为中国市场上的独立险种,曾经适应我国社会主义市场经济的发展需要而发挥过作用,但也因诸多因素的影响陷入困境。相关的立法不足或不同等级规定自相矛盾是制约这个保证保险健康发展的重要原因之一,而这些不足、自相矛盾又导致类似的保证保险纠纷在司法系统审判时同案不同判。因此研究我国保证保险法律制度的发展历程,探寻其存在的弊端,并提出完善我国保证保险法律制度的办法具有十分重要的意义。
The new “State 10” proposed to promote economic restructuring of insurance services. In particular, it is proposed to speed up the development of small and micro enterprise credit insurance and loan guarantee insurance so as to enhance the financing ability of small and micro enterprises; and actively develop personal consumer loan guarantee insurance and release the potential for consumer spending. As an independent insurance in the Chinese market, guarantee insurance has played a role in meeting the needs of the development of the socialist market economy in our country. However, it is also in trouble because of many factors. The lack of relevant legislation or self-contradictory rules of different levels is one of the important reasons that restrict the healthy development of this guarantee insurance. These contradictions result in similar guarantees and insurance disputes with different judgments in judicial system. Therefore, it is of great significance to study the development course of the legal system of guarantee insurance in our country, explore its disadvantages and put forward the measures to improve the legal system of guarantee insurance in our country.