Insurance Subrogation Rights Law Studies

Insurance subrogation system is to ensure that the insured loss compensation in time, prevent the insured with bidirectional claim and unjust enrichment, implement the insurance loss compensation principle is a basic system. Its existence and development degree level reflects a certain moment, one area of insurance industry development level and the level of construction of legal system. The insurer of the right to litigation way to achieve the implementation of general. The insurance subrogation litigation legal relations involving many perplexing, theory of law, insurance law, contract law a number of legal theory, and our ordinary civil litigation is having substaintial distinction.In this paper the author on the insurance subrogation meaning and legal basis to make preliminary study, clear the principle of indemnity in insurance theory, the principle of prohibition of unjust enrichment is the theoretical basis, in the civil law as the legal basis of the principle of fairness. This paper discusses in detail the insurance subrogation right in practice, confusion, and through the example analysis of China’s subrogation system of deficiencies and problems. Thereafter on the insurance subrogation right law has made the further analysis, on the right of subrogation is suitable for life insurance health insurance and accident insurance elaborated his own views, and puts forward some suggestions. On the rights should be exercised in the name of the third party who, the defendants were discussed. On the right of insurance subrogation in all legal rights and obligations to be clear. On the insurer and the insured rights when dealing with competing principles and practice carries on the elaboration, and proposed own view. At the end of the article, to our country insurance subrogation system problems put forward their own views, and on the insurance subrogation system in legislation do expectations and ideas, hope for our country insurance subrogation system can be a reference.