论改进我国的住房抵押贷款保险条款

Improved Housing Loan on Mortgage Insurance Based on Interests of Creditor and Debtor

我国现行的以抵押房屋火灾保险和抵押贷款保证保险为主体的保险设计存在很多弊端,并不能实现保障债权和减轻债务人负担的目的。要从根本上解决这一问题,只能是将抵押权人保险利益独立于所有权人保险利益,以保障抵押权的实现为核心,设计各方当事人的权利和义务。综合比较国际上通行的几种做法,“抵押权人条款”的优势尤为突出,是我国抵押权人保险利益保险的理想选择。

The current designs which center on the fire insurance and bonds have a lot of disadvantages, and can not obtain the goal of guaranteeing the right of the creditor and lighten the burden of the debtor. To resolve this problem, the best way is to separate the mortgage＇ s interest from the owner＇ s interest, and to design the rights and duties aiming at securing the rights of every parts concerned. ＂Mortgage＇ s Interest Clause＂ has an obvious advantage over other solutions, which is an ideal Choice to ensure mortgage＇ s interest in China.