Analysis Of Insurance Subrogation

Insurance subrogation system, the combination of civil subrogation and compensation system of property insurance, is an important part of insurance law. When the interests entangled among the insurer, the insured and the relevant third party, it can combine the principles of fair and the compensation system of property insurance to achieve balance of interests. So far, countries in the world universally established insrance subrogation system. In China, practically speaking, provisions of insurance subrogation are not perfect, which lack of deeper research in theory, and there are still many problems to be solved. Consequently, this paper, by using comparative analysis methods, aims to grasp the intension of insurance subrogation, clarify the exercise and restriction of insurance subrogation rights, and discuss the power game of justice and efficiency under insurance subrogation in order to improve Chinese insurance subrogation.Whether the insurance benefit could make a counterbalance between gains and losses, this paper will analyze the nature of insurance subrogation in the two legal systems and the influence of the litigant's choice. We can conclude that the influence of the insurance compensation system on the tort compensation for damages, and the necessity of the replacement is just the result of tort liability system's defect itself. Besides the introduction and conclusion, this paper can be divided into three chapters:Chapter I, Overview of Insurance Subrogation. First of all, we have a peceptual cognition by the introduction of the nature and characters of the insurance subrogation. Secondly, by knowning whether the insurance benefits can make a counterbalance between gains and losses in tcommon law system and civil law system, we can conclude the two legal systems specific practices, which leads to the occurrence of insurace subrogation. Finally, I will elaborate the different understandings from the two legal systems and their different effects in real life.Chapter II, Esteblishment and Exercise of Insurance Subrogation. This chapter will analyze the condintionts of establishment and exercise, the relevant essential theories and practical issues during the process of exercise of insurance subrogation. Beyong all question, there is no absolute right. The last section of this chapter will discuss how to limit the exercise of the insurance subrogtation issues in detail. Chapter III, Power Game between Justice and Efficiency under Insurance Subrogation. As the"fairness and efficiency"as a basic contradition in human life, there exists the issue that how to realize the counterbalance between justice and effiency under insurance and subrogation. I will specifically address it from two sections, and finally draw an logical conclusion.