Study On The Right Of Subrogation In Marine Insurance

Subrogation in marine insurance is the combination of civil right of subrogation and insurance policies. It guarantees the right of the insurance and the third parties, standards the procedure of the insurance claims, and protects the fair and just of insurance practice and marine judicial practice. And there is insufficiency between marine insurance practice and the legal system of insurance subrogation, it is important and necessary to study the system of Insurance subrogation and improve the related rules and regulations of China in order to direct Chinese marine judicial practice and address insurance practice.The article's main idea is:Starting from the current insurance subrogation system of our country, taking the basic theory of the insurance law as the standpoint, fully using the research method of jurisprudence and theory of insurance to review the basic theory, standard of practice and law protection for the system. By this way, the author endeavors to find the various choices and the best measure to consummate the insurance subrogation system of our country.This article begins with writing background, purpose and meaning, and finally gets a conclusion of research ideas and new findings by observation and analysis of study at home and abroad. Secondly, the nature of subrogation, legal origin and legal basis of subrogation are stated. Based on the theory, the nature of subrogation is rooted in the principle of fairness in the civil law and the compensation principle in the insurance law. What's more, considering the substantive rights and procedural rights, it analyzes the problems caused in the implementation process of subrogation which conclude the acquisition, enforcement scope, exercise restrictions, remedies of rights and legal protection. Correspondingly, the deep study of several controversial issues of subrogation in the proceedings is discussed so that the integration of unity between substance and procedure can be realized. In the end, referring to the problems stated before and taking the substantive rights and procedural rights into consideration, the writer comments on current legislation of insurance subrogation, summarizes the problems in the existing legislation, combines with the new Insurance Law, borrows from foreign legislative experience, and then proposes new suggestions to improve legislation.