Study On Subrogation Of Insurer System

Subrogation of insurer system is the application of subrogation in the insurance field. Because of the special nature of the insurance law area, the subrogation system has developed many unique natures and system. For example: the name of exercise in the application processing of subrogation of insurer, and the applicability of subrogation of insurer, and the relative complexity in the application process. It requires in-depth study. Through the study, I found that in the process of discussion of subrogation of Insurer, many mistakes making in these views were due to the recognizing of some basic issues is unclear and Incorrect. So, it put that to sort out the basic theory and doing some necessary analysis as a starting point. Then it discusses the issue by comparing against the current heated debate. The full text is divided into four parts.In the first part, through reading authoritative scholars' discussion on the basis of theoretical, by dialectical choosing and doing certainly analysis, it has summed up a conclusion that different from the prevailing views, and made a systematic combing on the content and nature ( features) of the subrogation of insurer. And, because of the discussion of the scope of subrogation of insurer and the problem of exercise, in this part, it has also done some study on the history of the generation and development of subrogation of insurer.In the second part, it has discussed the scope of subrogation of Insurer. The main areas of insurance including the life insurance and property insurance, and the corresponding subrogation of Insurer system including the application of property insurance and life insurance aspects. The application of subrogation system start from the property insurance and it has done a good development in this area. The related system design guarantees the realization of the principles of compensation which is the basic principles of the insurance law and it has formed a system. However, in the field of life insurance application, there is more academic controversy, such as weather life insurance has applicability and how to apply in the life insurance. Through the study, it founds that there are so many arguments, mainly because of the misunderstanding of the basic questions, such as the nature of the insurance system and the subject matter of insurance. In this part, it has discussed the existence of the four major academic points of view in-depth, and evaluated the gains and losses, and summarized the author's point of view. And believe there have had legal and social environments for the application of subrogation of insurer in the life insurance areas.In the third part, it has discussed some problems in the process of realization, mainly on the acquirement, the exercitation, and the conditions of exercise, and so on. Through the analysis of the views of scholars to explore the nature of the problem, concluding the author's point of view.In the last Part, it has done some conclusion on the basis of the questions discussed in the article. Then it analysis the existing problem of the insurance law, and the lag behind of some articles of the insurance law, and discusses the necessity and feasibility to improve. Finally, it put forward the perfect proposal of the author.