论保证保险合同的法律适用

The Legal Applicability of Guarantee Insurance Contract

保证保险合同是保险公司开展保证保险业务而签订的保险合同,由于保证保险业务经验不足,有关理论和立法也没有统一,不仅导致保证保险合同纠纷的大量出现,也产生法律适用的混乱。保证保险是保险人经营的一个保险品种,保证保险合同属保险合同的范畴,但保证保险合同又具有担保的功能,不能将保证保险合同割裂为保险合同或保证合同。保证保险合同一经依法成立,即具有法律效力,保险人应依照保证保险合同的约定承担赔偿责任。

the Guarantee Insurance Contract （GIC） is the insurance contract signed by the insurance company in expanding guarantee insurance business. The lack of guarantee insurance business experience and the disunity between the relative theory and legislation have not only caused a lot of GIC disputes, but also led to the chaos of legal applicability. GIC is a kind of assuror＇s insurance service. We can not isolate GIC into insurance contract and guaranty contract simply because GIC not only belongs to the category of insurance contract, but also has the function of guaranty. As soon as a GIC is established in accordance with the law, it shall be legally binding on the parties. The assuror shall bear its liability of compensationin accordance with the terms of the GIC.