The Legal Research On Procedure Of Subrogation In Marine Insurance

Marine Insurance subrogation is an ancient legal system with practical significance, which is legislated widely over the world. Regulations in China is mainly embodied in the "Maritime law", "Insurance Law", "the Special Maritime Procedure Law ", "Civil Law" and other laws. Applied in the field of Marine insurance as the right of subrogation, Marine insurance subrogation displays a certain particularity. Neglect-ions of the problems in the procedure of marine insurance subrogation can directly affect the legitimate interests of relevant parties.Therefore, this paper, taking the procedures of marine Insurance subrogation as the research object, clearly defines the legal nature of the right and discusses the theory basis in the aspects of the legal principle, the civil law and the insurance law in the first place. Secondly, the paper researches the subject of litigation and the litigation action. Then, it explains the effect of the arbitration and jurisdiction terms. Thirdly, the paper does in-depth analysis about the way for insurer to join the litigation and the scope to claim for the insurer. Fourthly, it separates two parts to discuss how to distribute the litigation income and to make a maximum balance. At the same time, the subrogation right in arbitration procedures is also preliminary inquired. The paper discusses the feasibility to set up an arbitration system with a third party, which makes the paper a more comprehensive and profound research.Based on legal logic methods like induction and reasoning, considering interest balance, the paper analyzes and compares to study the specific issues of marine insurance and put forward a unique insight in the hope of perfecting marine insurance subrogation procedures both of theoretical study and legislation.