Insurance Subrogation Right To Explore

Insurance subrogation system is a problem that is worth focusing on whether in theoretical research or in practical operation. When there are no clear regulations, the insurer usually doesn't know how to do. Although we try to change the situation in China's insurance legislation, it is regretted that nowadays there are almost no legal provisions about subrogation, which is far away from the anticipation of specialists and scholars. Therefore, the author decided to be absorbed in the research of the insurance subrogation field in order to contribute to China's insurance legal system.When the author makes learning research in the insurance law field, he takes more concrete evidence methods. That is to say, from the defects and flaws of China's insurance legislation and consulting the research results of domestic and foreign scholars, he looks for the reforming and consummate methods. Therefore, the author writes this typical article, the exploration and research about the problem of right of subrogation.The content of the first part of the article is the summarization of insurance right of subrogation (the following will be called the right), concerning its conception ,legal principle foundation and the nature and feature of the right. A. Its conception refers to a kind of right, which is obtained from the insurant in the contract of insurance after the insurer compensates the loss of the insurant. The insurer can claim damages from the third party of civil liability. B. The fair principle in civil law and the damage compensation principle in insurance law lay good foundations for the system of the right. C. The right is the insurer's legal right; the right is changeable right; the right embodies the character of the insurance compensation. D. From principle the right can only be used in the contract of insurance. (but the author thinks that it is not accurate); The insurer...