Study On The Legal Problems Related To The Application Of Insurance Subrogation Rights In The Casualty Insurance Contact

Insurance subrogation is derived from the principle of indemnity, plays to fill theloss, to avoid unjust enrichment. However，subject to the insurance classification,insurance subrogation is suitable for personal insurance in the academic andtheoretical circles called the focus of controversy. This paper expressed the personalpoint of view, is in favor of insurance subrogation applicable to the compensatorycontract of personal insurance, such as casualty insurance and analyzing somecontroversial views. This paper mainly uses the logic analysis, comparative analysisand other research method.The paper comprises three parts: introduction, text and conclusion. Theintroduction briefly introduces the research status of application of insurancesubrogation scope and research scope. The text is divided into four parts:The first part, damage compensation principle is theoretical basis of insurancesubrogation. Insurance subrogation derives from the damage compensation principle.As the basic of insurance, the principle of compensation acts on risk sharing. Theprinciple of compensation means target subject matter of insurance contract iscompensatory, the insurer pays insurance benefit to insurant to compensate the losses.The limit of the loss is not exceeding damage, otherwise it will be regarded as unjustenrichment should be banned. It can balance the rights of insurer, the insured andinjuring third people, which effectively avoid the insured moral hazard.The second part, the rationality of subrogation applying to casualty insurance.Casualty insurance is one of the types of personal insurance, its target subject matter--personal injury is compensatory. personal injury is different from personal value,which can be calculated by the professional method, to assess whether get up.Meanwhile, there is third party in casualty insurance contact in general, the paid fromthe insurer and injuring third party makes unjust enrichment possible，which ispremise of subrogation. Therefore, subrogation applying to casualty insurance contactis logical. The target subject matter of casualty insurance contact marks with personal property, which is one of the reasons of objection. The author analyses the differenceof the insurance subrogation and common subrogation to digestion this question.The third part, the reason why China’s " insurance law " is opposed to applicationof insurance subrogation in casualty insurance contact and analysis of foreignlegislation. China’s " insurance law " clearly against the application of insurancesubrogation in personal insurance, the academic and theoretical circles are in greattrouble. In Germany and Japan, Application of insurance subrogation is determined bythe compensation of the insurance contact. In the United States of American, thetendency is obeying the autonomy of the parties to the contract of insurance, all ofthese support for the application of insurance subrogation in casualty insurancecontact. Some scholars in our country put forward shaping scope of insurancesubrogation application by establishing new insurance division system. The researchresult of foreign and domestic scholars have successful experiences of others to go by.The fourth part, the legal suggestions to subrogation applicable in casualtyinsurance contact.China’s insurance law system should accept the concept ofpersonal injure can be compensated, at the same time according to the contract ofinsurance loss compensation to make a new classification of insurance subrogation toapply. in the national legislation, it is better for bringing the relevant provisions ofinsurance subrogation into the general provisions to reflect casualty insurance contact.The conclusion summarizes the views of this paper, emphasizes the importanceof the insurance subrogation i, makes the forecast to the insurance subrogation in thefuture development.