Research On The Insurance Subrogation

Insurance subrogation is an important system in Insurance Law. But there is only a regulation about insurance subrogation in Supreme People’s Court interpretation on the application<People’s Republic of China Insurance Law> Issues (two) passed in May2013.While this not mean the system of insurance subrogation is not defective. On the contrary, the legal system is relatively rough. It’s currently a very contentious issue in theory and practice fields which need our exploration and study. The general theory of Insurance subrogation includes the value of the system, the legal basis and nature of the right of insurance subrogation. The value of insurance subrogation system is to prevent over-insured profit, to avoid people evade responsibility for damages, reduce the insurer’s insurance payment burden on the macro. Insurance subrogation system is a derivative subrogation, requirements of the principle of insurance compensation, which embodies the justice and efficiency value of law. The difference legal sources and forms between the two legal system lead to scholars have different opinions about nature of insurance subrogation, but it is a legal debt transfer and independent civil rights in our country’s insurance law. The defects of law lead to many problems in the exercise of insurance subrogation. Based on legal debt transfer theory, the name of the exercise of the right of subrogation is the insurer. In the case of under-insurance, choosing insured priority principle to solve the conflicts between the insurance subrogation right and compensation claims of the insured can better reflect the purpose and significance of insurance. We need category talk about the problem how to deal with the insured abandon damages claims which include before signing the insurance contract and prior to the occurrence of the insured event.The restriction of insurance right of subrogation. Insurance subrogation is limited in property insurance in our law. while it is possible to part of the compensatory personal insurance. On the other hand,It should further clarify the restrictions on the exercise of the object to facilitate the unification of judicial practice and public corporation can be object in the general public and legal relations in civil and commercial matters. Making independent regulation on starting and during of the statute of limitations can make sure the independent nature of insurance subrogation.