Improvement Of Right Of Insurance Subrogation System

The right of insurance subrogation is an important content of insurance law,which is related with the balance in insurer,insurant and the third party. Based on the right of insurance subrogation, this paper includes relevant right and procedure. From board perspective,this paper proposes the right of insurance subrogation system, in order to systematically explore problems in the operation of the system and bring out the solutions.Through the case in the introduction, this paper puts forward the right of insurance subrogation and the existing problem.Then, this paper proposes the right of insurance deduction, The insured waives the right of indemnity against the third party and procedural problem.They are all related with the right of insurance subrogation. Because the mentioned problems often take place in the under-insurance,this paper takes under-insurance for example in most cases.The body of the paper is divided into five parts, mainly through literature reading,the research methods of comparative analysis,tabular analysis and case analysis to explore the problems in the operation of the right of insurance subrogation system and propose the solutions.The first chapter focuses on the concept of the right of insurance subrogation, the function of the right of insurance subrogation and the nature of the right of insurance subrogation. China views the right of insurance subrogation as the legal transfer of claims.Through method of enumeration, table shows and theoretical analysis, the second chapter brings out the problem of the right of insurance subrogation in under-insurance and the solution. The third chapter puts forward the problem of the right of insurance deduction in the under-insurance. After listing academic point of view, the article analyses the problem and proposes the point from the perspective of right setting and system integrity. Based on the practice and related with the law,the fourth chapter regulates the insured waives the right of indemnity against the third party more comprehensively. The fifth chapter proposes the litigation mode to protect the insurant in the right of insurance subrogation system.