Study On Insurance Subrogation

Insurance subrogation system discussed in this article, the purpose of its establishment, anti insured unfair advantage, the maintenance of a compact system design principle of compensation for insured losses, the United Kingdom, the United States and some of the insurance industry is very developed countries most rare written legislation and judicial practice, as well as judges and scholars unremitting efforts to make the system more sophisticated. The development of China’s insurance industry is the short history of the legislation and the current judicial practice still far failed to understand the essence of the part of the system, resulting in a number of legal practitioners, including judges, lawyers, etc. are often confused in practice continuously plagued with problems. This paper attempts to explore how to use this system to balance the interest between the insurer, the insurer and the third from the system of legal argument, history, traceability, and comparative studies and empirical analysis methods, to our country the relevant legislation to provide some reference.This article briefly describes the subrogation right of the origin and historical development as well as national legislation profiles, analysis of the legal nature of the system, operational principles and social function, through the comparative study analysis of the subrogation rights and civil law, contract law and insurance law system and the theory of contact and difference, as well as through horizontal comparison with the things previous generations of rights and appointed to pay, assignment of claims, not the real theory of joint and several debt, etc., to arrive at the essential characteristics of the system of insurance subrogation. From the perspective of substantive rights and procedural rights to research insurance subrogation rights, the substantive rights to discuss the establishment of the right elements of subrogation rights of the content and restrictions. Procedural rights perspective research insurance, how to exercise the right of subrogation, including the exercise of the name of the exercise of an object, and the exercise of the way and judicialreview of the contract of insurance. How to reconcile the conflict of contemporary claims direct claims, insurers and third party’s rights and restrictions. Procedural rights perspective research insurance, how to exercise the right of subrogation, including the exercise of the name of the exercise of an object, and the exercise of the way and judicial review of the contract of insurance. How to reconcile the conflict of contemporary claims direct claims, insurers and third party’s rights and obligations put forward their own views and opinions. Insurance compensation is difficult to fill the insured for all losses, and the third person is unable to compensate all the losses, the insurer’s right of subrogation with the direct claim will conflict, the claim should be given priority.Since the mid-20th century, the rationality of the subrogation right system encountered unprecedented questioning and challenges, some countries on the scope of the right of subrogation in the legislative and judicial practice varying degrees of restrictions. But the system still has a reasonable, full repeal of the system point of view, in theory, there is a big defect, also faces some formidable obstacles in the practical operation. Insurance subrogation claims system Health insurance, the reform should be carried out in the context of insurance law, the direction of reform should be to protect the interests of the insured and does not increase the burden of their obligations-based.China should be to learn to compare and learn from some mature legislative experience of other countries to compensate and eliminate the defects of our legislation, as soon as possible to build our own insurance subrogation legal system.