现阶段商业银行汽车贷款保证保险问题分析──兼评保监会《关于规范汽车消费贷款保证保险业务有关问题的通知》

Analysis of Pledge and Insurance for Auto Consumption Loans by Commercial Banks at the Current Stage --Comment on "Notice on the Governance for Pledge and Insurance Business of Au tomobile Consumption" issued by China Insurance Regulatory Commiss

保监会《关于规范汽车消费贷款保证保险业务有关问题的通知》在贷款流程、除外责任、索赔顺序、承保期限等方面对银行汽车贷款产生了较大的影响。该《通知》将被保险人(银行)的实质性审查义务作为保证保险合同生效的要件值得商榷,也没有合理、公平地划分保险公司和银行之间的风险。对此,作者认为,商业银行在汽车消费贷款中不能过分依赖保证保险,积极探索汽车贷款风险防范的其他途径,巧妙利用保险公司的先索抗辩权并不包括汽车的其他财产险、偷盗险等险种的有利条件,注意区分汽车贷款诈骗的情况,严防保险公司对诈骗做扩大解释,从而有效防范和化解汽车贷款义务中存在的风险。

The 'Notice on the Governance for Pledge and Insurance Business of Automobile Consumption' issued by China Insurance Regulatory Commission (CIRC) h as a great impact on banking auto loan in terms of loan flow, exclusion liabilit ies, order of claim and duration of coverage. In the Notice, the actual censorsh ip by the insured (bank) is taken as a requisite for pledge and insurance contra ct to take effect. This is debatable. Moreover risks are not differentiated rea sonably and fairly between an insurance company and a bank. Therefore, according to the author, commercial banks should not rely too much on pledge and insuranc e in offering auto consumption loan. Instead, they should actively explore anti-risk alternatives for auto loan, take advantage of the fact that the right of pl ea for preference claims of an insurance company covers property and theft among others except auto, make sure to discriminate different cases of fraud in auto loan and prevent insurance company from exaggerating the scope of fraud so as to guard against and dissolve risks in granting auto loans.