On Perfect Our Insurance Subrogation System In Legislation

The insurance known as the "smart social adjustment to living in a decisive role" in national economic development. Insurance subrogation claim the right is the field of insurance law, the old but with characteristics of the legal system, is the product of combining civil and commercial law subrogation rights system and the insurance claims system, is one of the insurance law the core content, insurance subrogation claims system to play with a positive role. February 28,2009, the China Insurance Act was revised, the first substantial changes to many provisions of the Insurance Act, Insurance Subrogation also made some changes, but subtler, China’s insurance subrogation system is still too general, there are many omissions and ambiguities. This leads to a theoretical foundation in the theoretical world of insurance subrogation, the scope of the exercise conditions and legal protection, there are a lot of controversy, many problems have arisen in practice, the judge in the trial practice also encountered many difficulties. In view of this, and improve China’s insurance system is imminent right of subrogation. I learn from Britain and other insurance the rule of law in developed countries jurisprudence and statutes in this article, combined with the development of China’s insurance practice, current insurance subrogation relevant legislation, put forward a sound understanding and views of our country "insurance law". Hoping to own reality efforts to improve the contribution of China’s insurance subrogation system a humble!This thesis, we study the legal basis for subrogation system, proceed from the introduction of its origin and historical development, focused on the legitimacy of this system and the principle of compensation for the damage, and finally arrive at the necessity of the existence of insurance subrogation.Secondly, to explore our provisions on subrogation system, by studying the relevant laws, and contact the actual status quo, summed up the problems of this system in the existing laws, to put forward their own legislative proposals to pave the way for the final.Third, this paper analyzes the Anglo-American insurance law provisions on the right of subrogation, on this basis, developed countries in the theory and practice we can learn from.Finally, the legislative status quo of China to offer some suggestions.