Research On The Insurance Subrogation

Insurance subrogation is an important system of insurance law,meanwhile,it is the embodiment of the loss filling principle,and it is also the combination of the creditor's rights in civil law and insurance law.The essence of insurance subrogation is the insured compensation claim for the damage to the third person,in order to avoid the insured have the double compensations,and avoid the third person to escape responsibility,the insurance subrogation is acquired by the insurer,generally countries around the world established the insurance subrogation.But China's insurance law and judicial interpretation about insurance subrogation rules are less.With the rapid development of the insurance industry,insurance general provisions of the law has not adapted to the needs of the development of insurance practice,insurance subrogation cases emerge in endlessly,sometimes similar cases will have different referees,this is not only seriously affected the underwriter the enthusiasm of exercise of subrogation,but also affected the interests of the insured.Through the study of insurance subrogation theory,we must based on the theory to analyze problems encountered in the insurance subrogation exercised,draw lessons from foreign advanced experiences,in order to solve the problems of insurance subrogation applies.The paper make a research about insurance subrogation.At first,the paper mainly introduce the research background of insurance subrogation and the significance,the research status at home and abroad,as well as the paper's research methods and substances,and the innovation.And then,the paper mainly elaborate the definition of the insurance subrogation,nature and functions,and the insurance subrogation can balance the complicated legal relationship between the insurer,insured and the third person.And then,the paper mainly describe the insurance subrogation establishment,exercise and the constitutive requirements.And then,the paper mainly analyze of the insurance subrogation some problems in the process of application:the compensatory person accident injury insurance and health insurance whether or not can apply the insurance subrogation.The insurance subrogation excludes some special objects.The limitation of actions add the burden of the third person's financial claims.The insurershould not burden the insurance liability when he make a voluntary payment,whether or not he can enjoy the right of subrogation.The order of indemnification that when the insurance subrogation conflicts with the insured remaining compensation claim.The effectiveness when the insured give up the third person's compensation claim for the damage.Finally,in view of the existing problems of insurance subrogation,the suggestions for the perfection of insurance subrogation in China.