On Several Issues Of Marine Insurance The Right Of Subrogation

The treatise analyzes and compares the regulations on the right of subrogation in domestic and overseas statute laws, and discusses the related regulations in domestic laws concerning the right of subrogation of marine insurance. To present an in-depth and systematic study and discussion, the treatise studies some questions closely related to the right of subrogation, and tries to shape an independent view in terms of some controversial questions. Starting from the regulations on marine insurance in China's laws and international laws, the treatise studies the legal regulations on the right of subrogation of marine insurance both domestically and abroad; furthermore, the treatise explains the relationships between the right of subrogation and the "Letter of subrogation in terms of civil laws, as well as insurable interest, litigants, objects of litigation, and extinctive prescription; at last, the treatise discusses the application of law concerning the right of subrogation of marine insurance after China's entry into WTO.First, start from the concept of the right of subrogation of marine insurance, and discuss the functions of the right of subrogation principle.Second, try to compare the regulations of China's laws and international laws concerning the right of subrogation of marine insurance in five aspects, i.e., the laws applied, the implementation mode and scope of the right of subrogation, the time in getting the right of subrogation, and the attitude towards "Receipt and letter of subrogation".The right of subrogation of British marine insurance is applicable for the related regulations in the marine "Insurance Law" of 1906, and not applicable for the common "Insurance law" domestically instituted in Britain, which is not aimed at adjusting the marine insurance relationships. Both our country's "Maritime law" and "Insurance law" adjust the marine insurance relationships, and present regulations on the right of subrogation.According to Britain's marine "Insurance Law" of 1906, the insurer files a suit against the right of subrogation in the name of the insured. However, according to the regulations in our country's "Special Procedural Law of Maritime Proceedings", the insurer shall file a suit against the right of subrogation in his own name. The deviation of implementation mode is the most outstanding distinction between China and Britain in terms of the systems of the right of subrogation in marine insurance.Third, discuss our country's laws concerning the right of subrogation in marine insuranceThere are different definitions in the laws and regulations in "Maritime Law", "Insurance Law" and "Special Procedural Law of Maritime Proceedings" in terms of the right of subrogation in maritime insurance.The three laws mentioned above are fundamentally compliant in their regulations on the procurement and implementation of the right of subrogation, however, their regulations on the scope of the right of subrogation apparently differ. According to the "Maritime Law", if the scope of the right of subrogation of insurance companies is not limited by the sum they compensate for the insured, the insurance companies are entitled to claim the total sum to the third party in terms of the "Loss within the scope of insurance responsibilities", however, the insurance indemnity exceeding the sum they pay shall be returned to the insured. However, according to the regulations in the "Insurance Law", the scope of the right of subrogation of insurance companies is limited by the insurance sum they pay. The "Special Procedural Law of Maritime Proceedings" clearly ordains that the implementation of the right of subrogation of insurance companies shall be limited by the insurance compensation scope.In consideration of our country's judicial practice, we recommend standardizing the regulations on the right of subrogation in the "Maritime Law". On the one hand, the regulations on the right of subrogation should be unified in the "Maritime Law" as a material law and the "Special Procedural Law of Maritim...