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作为“舶来品”,保证保险在中国学术界引起诸多争议。国内对保证保险的性质存在三种学说:保险说、保证说和联姻说。无论是在存在原因、责任还是在运作上,保证保险都应当属于一种担保方式而非保险经营。中国保险界对保证保险的认识存在诸多误区。从中国保险业自身之稳定出发,保证保险之业务应当由专门的担保公司来经营,而不宜由保险公司兼营。
As a “imported goods”, guaranteed insurance has caused a lot of controversy in Chinese academia. There are three theories about the nature of the guaranty insurance in our country: insurance, guaranty and marriage. Whether in the existence of the reasons, responsibilities or in the operation, to ensure that insurance should belong to a guarantee rather than insurance business. There are many misunderstandings in the Chinese insurance industry about the assurance of insurance. Starting from the stability of China’s insurance industry itself, the business of ensuring insurance should be run by a specialized guarantee company rather than by an insurance company.