The Reflextion Of Insurance Subrogation

The right of subrogation system for insurance, as the legal system special for insurance laws, is an important means to compensate for the loss of the insured. It is also a legal weapon for insurance company to defend its own legitimate rights.Part one of the article firstly interprets the meaning of insurance subrogation. On the base of that, it expounds and proves the viewpoints of the internal and external scholars about the rationality and inevitability of insurance subrogation. Moreover, it compares and draws lessons from the provision of developed countries, analyses the legislative original intention and rationality of insurance subrogation system in our country.The second part demonstrates three viewpoints about if the right of subrogation for insurance can apply to the personal insurance and the respective reason held by them. The author makes her subverting arguments in accordance with the key contradiction, that is, the standard of classification of property insurance and personal insurance. She also puts forward that the health insurance in personal insurance and accidental injury insurance can apply to the right of subrogation. But specific compensation standard is the combination of the balance or margin compensation and quota compensation. Then the author explains the weakness for taking negative attitude to forbid the right of subrogation to be applied to personal insurance in our insurance law. In my opinion, such point of view uses the unbalance of personal interests to negate the application of the right of subrogation, which is the focus of the disadvantage of this theory.The third part tells us the exercise of the functions of right of subrogation for insurance, including the reasons, objects, involving problems of the right of subrogation for the insurance applicant and the notary, and problems of right of claims for seeking compensations of the insurers and the insured in the under-insurance. So many disputes in the judicial practice are not solved as our law doesn't clarify these questions. The author believes that there is a difference between the risks for the losses that are not insured and the risks for the losses that are covered in the insurance contact. She advocates that the insured should take priority to obtaining the compensation in the under-insurance, combined with the legislative purpose of the insurance law to protect the insured.The fourth part discusses the time scope for the effectiveness of the right of subrogation for the insurance. At first, the author explains the rationality of the time scope for the effectiveness of the right of subrogation and its value orientation, and then put forward some specific measures for the time scope for the effectiveness of the right of subrogation combined with the legislative purposes of the right of subrogation for insurance.As a faculty in insurance law, the author realizes high ratio for compensation, vicious competition of the growing commission, the rapid decrease of the profit. Under such situation, the right of subrogation is the key for the increase of profit. The exercise of the rights make the insurer find out the weak points in time during the process of underwriting and claim, make the management level progress further, curb the growth of the moral risk forcefully, bring the social function of the right of subrogation into play in order to make the insurance industry achieve healthy development.