Research On The Right Of Insurance Subrogation

The insurance industry is the development of social economy, one of theimportant support powers. Principle of subrogation and insurance purposes arecommunicated, which is one of the important principles in the insurance legalsystem. Insurance subrogation refers to replace the insured insurance enjoying thecreditor’s right, legal right on the loss of third people. Insurance subrogation is bothan important tool of the insured to safeguard their own rights and interests andpowerful legal weapon of the protection of the legitimate rights and interests of theinsurance company, which plays a decisive role in the insurance law system. Bothcontinental law system and Anglo-American law system countries attach greatimportance to the right. China clearly defined the system in the beginning of settingInsurance Law and had been revising over the next few revisions.Although the system in legislation of China has long been determined, theprovisions are small and not clear, focusing only on the Insurance Law the secondchapter third section of property insurance contract. Because of the defects inlegislation, the judicial system in practice can not obtain the very goodimplementation and not fully reflect the original intention of legislation. In recentyears, many questions of the system are more and more big, a serious threat to theregime’s stability.This article is not confined to one aspect of the system, but analysis andresearches the system beginning with the definition and nature. The article discussesthe nature of subrogation system, constitutive requirements, legal basis, applicablescope and exercise limitation, rights protection issues and puts forward my ownopinions on some hot, difficult problems in the practice, excepting from theory andpractice aspects to secure our country insurance subrogation system.The article is divided into four chapters.First chapter introduces the basic theory of the right of insurance subrogation, including the concept, nature and the elements of the establishment. First, made clearour country uses the narrow interpretation of the legislation purpose through thecomparison of the broad and narrow sense of insurance subrogation. Second, putforward our country the right of subrogation of creditor’s rights transfer theory thenature of legal, compared with the situation of our country. Last, elaborates theinsurance subrogation constitution through combing the right of insurancesubrogation causes and process.The second chapter discusses the theoretical basis of the right of insurancesubrogation. The author in-depth researches and analysis the popular three kinds ofviewpoints and puts forward my own views. Firstly, the author thinks that we shoulddraw lessons from other countries of the continental law system on theinterpretations of the concept, in order to correct understand of" unjust enrichment ininsurance law". Secondly，from the original intention of the insurance industry tosure the right of subrogation in the avoidance of unjust enrichment by the insurer andthe damage to fill the positive aspects. Thirdly, from a legal point of view to explain"take responsibility" and" exemption" is not the same concept. Lastly, Combined withthe practice of insurance actuarial theory, points out that lower the premium is along-term process, is not specific to an insurance accident to decide.The third chapter mainly studies of insurance subrogation right application.Above all, discusses the right of insurance subrogation. Then,expresses my own views on the exercise of the right to the name, object, timelimitation and scope. At the last, researches on the insurance subrogation rightprotection, the insured’s obligations and liability for fault.The fourth chapter discusses some focal and difficult problems in the practice,and puts forward my own views and suggestions.Based on the right of insurance subrogation system combing with the researchbasis draw lessons from foreign advanced experience and combined with China’ssocial development, the author put forward some corresponding suggestions and views, expecting to secure insurance subrogation legal status.