保证保险法律性质长期争论不止、辩而不明，原因在于我国《保险法》未将保证业务列为我国保险公司的业务范围，而市场对此类业务又有巨大需求，于是我国保险公司“创新性”地推出相关保证保险产品以满足市场对保证业务日益增长的需求。实际上，明确将保证业务列为我国保险公司的业务范围，不仅不存在理论与立法上的障碍，而且是我国保险行业简捷、合理、高效地满足市场需要的有效途径，是立法科学构建我国保险公司业务范围的必然选择，也可根本解决我国保证保险法律性质争议、化解相关纠纷。我国保险业有能力控制好经营保证业务可能引发的风险。
The legal nature of surety bond has long been a subject of endless argument while has not yet been developed a clear conclusion，the reason is that the Chinese insurance law has not classified the ‘guarantee business’ into the scope of business which Chinese insurance companies are permitted to carry out，whereas the market has huge demand of this kind of business，consequently the Chinese insurance companies creatively introduce a series of “surety bond” products to meet the rapidly rising demand of the market for guarantee business. In fact，it will not trigger any theoretical obstacles with the existing Chinese insurance law to expressly permit insurance companies to carry out guarantee business as the insurance companies’ scope of business，instead it is the effective approach for China insurance industry to meet the market demand in a straightforward，reasonable and productive way，moreover from the legislature perspective it is the inevitable choice to scientifically constitute the Chinese insurance companies’ business scope，thus fundamentally resolve the controversial understanding of the legal nature of surety bond and settle the relevant dispute. China insurance industry is capable of well managing the risks that arise from conducting guarantee business.
