Perfection Of Rules In The Right Of Insurance Subrogation

The right of insurance subrogation has many standard values such as avoiding insurants getting double compensation, preventing the infringer of third party from escaping from legal responsibility, prompting actors to fulfill the duty of care cautiously to prevent accidents and reducing insurance premium of dangerous group members. The right of insurance subrogation protects insurers'legal interests from being violated on the condition that insurants get legal compensation and safeguards the fairness of law to the hilt. Through deep analysis of the legal meaning of the right of insurance subrogation and discussion of problems existed in it during judicial practice, the author puts forward relative legislative proposals in this essay. The purpose is to provide relative theoretical support to the legislative improvement of the right of insurance subrogation and standardize the practical operability of insurance subrogation system in judicial practice.The essence of the right of insurance subrogation belongs to obligatory right. The right of insurance subrogation comes from legal transfer of obligatory right. The legal validity will occur to insurers, the infringer of third party and insurants when the right of insurance subrogation establishes. The right of insurance subrogation is an important clause in insurance law, but there are many disagreements and disputes of its theory and practice existed in its exercises and applications which make parties in related legal issues don't have a clear solving method to use. Therefore, further analysis and verification are still needed in normative values and rules design. There are three parts in this essay to solve this problem. In the first chapter, through reviewing the beginning and development of the system of the right of insurance subrogation and elaborating its values and relative functions in insurance system operation which are avoiding insurants getting double compensation, preventing the infringer from escaping from legal responsibility, prompting actors to fulfill the duty of care cautiously to prevent accidents and reducing insurance premium of dangerous group members, its existing necessity is proved indirectly. In the second chapter, with specific cases, problems existed in judicial practices of the right of insurance subrogation are analyzed and issues like exercise name, exercise object and sphere of application of the right of insurance subrogation in its practices are discussed to clearer make the limit of exercise name and make clear definition for the sphere of application of it. In the third chapter, comparisons of statutory rules of it in many countries and regions are analyzed to make the exercise object clearer, exercise subject more certain and sphere of application more extensive. On the basis of this and combined with issues discussed in the second chapter, specific legislative proposals are provided to perfect the rules of the right of insurance subrogation in China and extend the sphere of application of it appropriately and consummate problems related to it.