The Theory Of Insurance Subrogation Right

In our current insurance law, insurance subrogation rights are only applicable to property insurance, personal insurance subrogation is not allowed in this disputed by many scholars.In practice, there have been many cases.In the explanation on compensation for personal injury and tort liability law took effect, the introduction of subrogation in insurance system has been further theoretical support.Based on the existing state of the system of right of subrogation in insurance law of our country can introduce life insurance were analyzed, and points out the life insurance, the lack of right of subrogation and its reason, based on the life insurance apply the right of insurance subrogation in theory and practice analysis, respectively for life insurance, accident insurance and health insurance coverage how to apply this system in detail, for our country’s insurance legislation and practice are proposed.The first chapter mainly analyzes our country life insurance, the lack of right of subrogation and its reason.Of insurance of persons shall not apply to the paper analyzes the causes of right of subrogation, mainly has the following four aspects:first, the person is priceless, the human body and life can’t use money to measure;Second, insurance law on the protection of the weak;Third, the loss compensation principle is the basis of the right of insurance subrogation;Fourth, combining the situation of our country is analyzed.The second chapter, combining foreign experience from two aspects of theory and practice, deeply analyze person insurance can introduce the right of insurance subrogation.For this problem, the theory and practice are widespread controversy, we can’t deny which view, the author more claims that exist in the part of the life insurance insurance subrogation rights applicable scope.Theoretical analysis mainly includes:personal right in property interests transferable, losses and apply to the compensation principle in the insurance underwriter and tort liability to a third party.Practice analysis mainly using the method of case analyses, discusses differences in judicial practice.The third chapter the author from the life insurance, accident insurance and health insurance of the three basic categories of life insurance, respectively discusses the insurance subrogation right in each and every one is planted if applicable, and how to apply, more detail will be life insurance subrogation system demonstrates the specific applicable.The fourth chapter in combination with the current legal environment, the author at the legislative level as well as to the insurance company and the court how to better cope with the situation put forward some personal views, in which the court is how to take measures in this paper, the novel, in order to through the research of the article, for insurance subrogation rights apply to advance one step in life insurance.