On The Insurance Subrogation

The institution of insurance subrogation is the combination of the subrogation in Civil Law and the doctrine of indemnity in insurance, and is one of the main contents in Insurance Law. Many countries in the world have universally established insurance subrogation. The regulations about insurance subrogation in our law are not perfect, and lack of deeply studying in theories, and there are many problems in practice. So, using the following method, such as legal principle analysis, jurisprudence analysis and comparative analysis etc, this passage aims at illustrating the main connotation of insurance subrogation, excavating the theoretical foundation behind insurance subrogation, and defining the operation and legal liabilities of insurance subrogation, so as to perfect insurance subrogation in our country. Apart from the foreword and the concluding remarks, this passage consists of four parts:The first part: The general theory of insurance subrogation. The author first analyzes the connotation of insurance. Subrogation, thinking of that it's the mixture of substantive rights and procedural rights. Then the author discusses the essential attribute that insurance subrogation is transfer of credit and transfer of litigious right. The third, the author defines insurance subrogation's function. The fourth, the author discusses the insurance effect subrogation's among the insurer, the insurant and the third party through transfer of credit.The second part: The definition of insurance subrogation and it's theoretical foundation. Through discussing insurance subrogation's developing course in history and the legislative status quo, comparatively analyzing the theoretical foundation about insurance subrogation in continental law system and common law system, the author raises unique opinions.The third part: The movement of insurance subrogation. Based on insurance legislation in our country, through analyzing different legislation and doctrine, the author discusses the whole course of insurance subrogation's emergence, exercise, abandon and elimination because of limitation, and raises some suggestion to perfect legislation in our country.The fourth part: The legal protection of insurance subrogation. The author discusses the insurant's assistant duty and assurance duty and its legal mechanism through the effect of insurance subrogation.