Study On Right Of Insurance Subrogation

Right of insurance subrogation, as a special right endowed by law, has significant meaning. It can not only make compensation for the insurant after the accident as soon as possible, but also avoid the possibility of the insurant getting the unjust enrichment; it can not only ensure that the payment of the indemnity will not weaken the economy strength or the economy compensation ability of the insurer, but also make the third party who is in fault cannot shift off its responsibility because of the payment of the insurer. Just because of the importance of this right, the insurer should deeply understand and effectively exercise this right, which can bring its efficacy into fully play.Firstly, through deeply analyzing the connotation, fountain in law, categories, function, elements of exertion, scope of appliance, name of exertion, restriction of exertion of insurance subrogation, this paper tries to find out the incompletion in the insurance law of our country. For example, the name of exertion is not explicitly stipulated in the insurance law of our country, thus makes the insurer often feel perplexed. At the same time, the author puts forward her own points of view and the reasons. For example, through analyzing from layers of theoretics and practice, the author points out that the insurer should exercise insurance subrogation in his own name. Secondly, through making comparison between right of insurance subrogation and some similar rights such as abandonment by using the method of comparison and analysis, this paper further makes the insurer grasp the essence of right of insurance subrogation. Thirdly, through analyzing the subrogation in some kinds ofspecial insurance such as reinsurance, double insurance and under insurance, this paper makes the insurer clearly know the significance of this right, and exercise the subrogation actively and effectively in special conditions. At last, through finding out the reasons to the incompletion of the law and the problems existing in the operation, the author puts forward some suggestions to perfect the principle of insurance subrogation prescribed in the insurance law of our country, and put forward some practical measures in practice, at the same time, the author criticizes the suggestion of abolishment of insurance subrogation raised by some scholars in our country.