目前,我国保险市场出现了大量的保证保险合同,而《中华人民共和国保险法》未对此作出具体规定,学术界和司法界对保证保险合同的性质存在较大争议,从而导致司法实践中处理保证保险纠纷时在适用法律上不尽一致。保证保险不能被视为由保险公司作保证人对贷款合同的保证担保,保证保险合同不具有从属性。 At present, there are a large number of insurance contracts in China’s insurance market, but the “Insurance Law of the People’s Republic of China” has not given any specific provisions. The academic circles and the judiciary have much controversy over the nature of the insurance contracts, which leads to the assurance of handling in judicial practice Insurance disputes in the applicable law is not the same. Assurance insurance can not be regarded as guarantee guaranty by insurance company as guarantee guarantor for loan contract, guarantee insurance contract does not have subordination.