| In recent years, a conflict between the insurer's subrogation right and the insured's right of claiming damages caused by harming from the third person occurs frequently in our country's insurance. Insurance Act of the PRC as mended in 2009 remains silent on the operational ways and procedures concerning the subrogation of the insurer and the claim of the insured. In this case, either in theory or in insurance practices, there also exist differences about the following questions:should we give priority to insure the insurer's subrogation right? Or to guarantee the compensation for the losses of the insured's damages not being made up for? Or to abide by the principle of prorate. Given the theory of benefit equilibrium (protect the weak), most scholars and judges take the principle of the insurant priority. Meanwhile, many scholars, however, have opposing views on the subject and analyze it in more detail. Therefore, it is extremely difficult for judges to use the law due to the mass of theories and the disorder of insurance practices. How to exactly apply article 60 of the Insurance Law, as far as judge's concerned, and how to interpret it, to judge a case, and how to draw a fair conclusion of relative cases, have become imperative issues to be deal with immediately.The article includes three introduction, the body in which there are four parts, and the concluding remark. The main contents include:The article firstly puts forward the disputed issues existing in the application of insurance subrogation system from a case. The first part elaborate the theoretical base of the conflict between the insurer's subrogation right and the insured's right of claiming damages, including insurance theory and the theoretical basis of civil law. According to the views proposed by scholars, coupled with the theories about claimed right and weighed interests of civil laws, we will discuss the fairness and reasonableness of different controversial opinions, and briefly summarize the kinds of dispute caused by the application of the two rights. Besides, the third part will fully analyzes how to comply with principles under the condition of full or less insurance separately. Mainly based on the conditions of Parallel, full insurance is divided into competing and competing not have sufficient insurance; By balancing the insurer and the insured's interests, should be taken under full insurance condition principle of priority of the insured, the insurance is not taken in full repayment of the principle of proportion;Finally, the paper puts forward some suggestions of enhancing insurance laws and relevant interpretations by comparing the system of insurance subrogation for claiming damages at home and abroad, put forward two complete proposals, including increase in terms of competing in the "Insurance Law", judicial interpretation of the principles should be followed, and probes a system suitable for our country's real situation.The intention of author is able to solve these problems perfectly in juridical practices and propose relative recommendations on the making of insurance laws after analyzing the concrete way to be addressed the conflicts in the application of the two rights, and showing the problems in insurance practices.In a word, with the development of insurance, the insurers increasingly attach more importance to the application of insurance subrogation right, and focus on these conflicts more and more. But compared with the developed countries' researches on it, the theory's studies in our country are still not enough and the law system of subrogation right for claiming damages is not perfect. In insurance practices, with the short time of our insurance, the insurance practices lag behind relatively with the lack of operation, and need to be focused and researched deeply from the field both in theory and practice. By means of the discussion of relative issues in the paper, I hope it can arouse much reflection on it and promote the development of relevant systems.
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