The Legal Research On Action Of Subrogation In Marine Insurance

Concerning the action of subrogation in marine insurance, although we can depend on the stipulations of special procedure law in maritime action, civil procedure law and other correlative laws of the People's Republic of China, these stipulations are limited and deficient in some aspects, and the action of subrogation in marine insurance has its own particularity, so there is much disagreement in judicature and theory. If the legal issues on the action of subrogation in marine insurance can't be solved, they will directly affect the legal rights and interests of correlative litigants.Due to the reason above, for solving these issues to protect the legal rights and interests of correlative litigants more effectively, this paper will research the action of subrogation in marine insurance. On the base of the right of subrogation in marine insurance, this paper will do the research from the point of view of action;on the base of existing stipulations and legal theories of the action of subrogation in marine insurance, maritime action and civil action, this paper will consult the foreign correlative theories;not only from the point of view of the legal theories, but also by consulting the cases and usual ways in judicature of our country, this paper will make the research more practical;this paper will also do the research by induction, organon and interests-comparing, etc.On the base of analysis, comparison and research, the writer puts forward his own opinions of the legal base of right of action, the litigants and the subject matter of action, the procedure effects of the formal conditions of subrogation in marine insurance, whether the arbitration clause/agreement, or the jurisdiction clause between the insured and the third person can restrict the marine insurer, the limitation of action, the period of claim, and the scope of the right of defence of the third person, the procedure of action etc. The writer also indicates the deficiencies in the existing stipulations of this aspect, and makes suggestions on the legislation and amendment, the writer hopes this paper's research can do something useful for the academic research and the improvement of legislation on the action of subrogation in marine insurance.