Research On Procedure Protection For Subrogation In Maritime Insurance

In this paper, the author has tried to structure a relatively integrate procedure system in protection of maritime subrogation. On the basis of studying the principle theory of maritime subrogation and the stipulation of Civil Procedure Law and Maritime Procedure Law of PRC, the paper make some suggestion on the amendment to structure the subrogation procedure stipulation in connection with the judicatory practice.This paper is mainly divided into four parts; part one include chapter one and chapter two, in which the definition, enforcement condition and legal relationship of maritime subrogation are discussed; part two consists of chapter three and chapter four, in which the difference between stipulation of maritime subrogation and other subrogation in exercising procedure are compared in details, in addition, the character and shortage of procedure protection in maritime subrogation the paper are also been summarized; chapter five and chapter six constitute the third part, in which a proposal of procedure structure is made up by normal claim system, subrogation suit and arbitration for subrogation. In the end, the author made some suggestion on perfecting Stipulation for exercising the right of subrogation in maritime procedure law; part four, in the end of this paper, the author summarize the whole paper and structure the procedure protection system for maritime subrogation.