Marine Insurance, Subrogation Right To Study

There is much disagreement in judicature and theory about how to interpret the stipulations of subrogation in marine insurance; The stipulations of Maritime Code, Insurance Code, Special Procedure Law in the Maritime Litigation and the other correlative law of the People's Republic of China are not perfect. Especially our state belongs to continental law, but as the important form of the subrogation of marine insurance, the draft of maritime code has much reference to the common law. It is an embarrassment that how to interpret them.So the writer studies stipulations of subrogation in marine insurance by comparison all-sided. On the base of studying the Principle of civil law, this Paper interprets the Chinese Law, looks over the unreasonable stipulations and makes suggestion on the amendment to structure the subrogation stipulations with valid civil law basement.