Research On Issues Of Insurance Subrogation

As insurance law legal system plays a key role in a role, insurance subrogation has itsown solid theoretical foundation and the practical value of key is to adjust the insurer, theinsured and the third party interests effective tool. Important value for the insurancecompanies, to protect the legitimate rights and interests of the insurance company;subrogation for insured people can make timely and effective compensation for damage to theright to a third person, but also against a third person escaped legal responsibility. Therefore,the use of the right of subrogation in insurance subrogation rights system plays a key role in arole. Whether it is in the developed countries insurance law or common law in civil lawcountries, or in mainland China and Taiwan, have great attention to the legislative provisionsand the application of insurance subrogation rights. China’s" Insurance Law" atthe beginning of this legislation on the delineation of the system, and in several subsequentrevisions are related to the conduct of this system and perfect.However, despite our legislation has been long established and long-standing, butChina’s insurance law and related laws of insurance subrogation terms, but not enoughclarity, not perfect, but also lack of insurance theorists depth studies exist in the practice ofinsurance practice in a lot of problems. Scholars of insurance subrogation some basic theory,and its acquisition method, application and many other issues, such as legislation to protectthe remaining differences differentiation. I just think the concept of insurance subrogation andlegal reasons, the analysis and research how to exercise and protection issues and theapplicable conditions and other aspects of judicial practice in promoting the proper use ofinsurance subrogation. It is because the purpose of these studies, the author of my master’sthesis in the main use of legal analysis, research methods of case law, insurance subrogationcomprehensive set forth below are several elements: First, in the first part of the papercombines a the insurance subrogation typical case, clearly the insurance subrogation generalissues discussed, namely the narrative part of the basic theory, its concepts, legal roots ofworking as an entry point, the main issues discussed research status and research; in the paper the second structure, each discussed subrogation forms and conditions of use claims,including three premises, substantial, amount condition; locked in the third part, the paperfocuses on the specific application of the right of subrogation various problems encountered.Finally, in the fourth part of the article describes how the insurance legislation of subrogationof insurance protection issues.In the above four aspects of the right of insurance subrogation through discussion andresearch, its purpose is to maintain and adhere to the insurance practice in China of the rightof insurance subrogation, and not to weaken or abolish this system. Hope that through thisthesis theoretical analysis combined with a typical case review of a more comprehensiveunderstanding of the right of insurance subrogation, therefore, the right of insurancesubrogation should not only give full play to its economic function, the effective use ofinsurance practice effect, is also expected to help to perfect our country’s Insurancelegislation..