Research On The Right Of Insurance Subrogation

The system of subrogation of insurance is the product of the theory of subrogation of civil law creditor and the principle of compensation of loss of insurance law.As the adjustment mechanism of the interests,the exercise of the right of the insurance subrogation can prevent the insured from double insurance profits,prevent the third person to escape the civil compensation obligations and make up for the insurers' operating losses.At present,the legislation of insurance subrogation in China is relatively backward,the exercise of the right of the insurance subrogation facing many problems,such as the application scope,the exercise conditions,the exercise name,the object,the limitation of action of the insurance subrogation.I hope that the study of these issues will provide some theoretical support for the legislation of insurance subrogation in China.The article is divided into three chapters:The first chapter includes two blocks.One is the nature of the insurance subrogation right to be identified.It has an important influence on the exercise name.The other one is to discuss the rationality of the existence of insurance subrogation by criticizing some scholars questioned the negative effect on the insurance subrogation right and critical function the right of subrogation.The second chapter is about the scope of application of insurance subrogation right.The controversy over the scope of application of the insurance subrogation right mainly concentrates on the possibility of the insurance subrogation right in the original insurance and whether the insurance subrogation can be applied to the reinsurance.The article will demonstrate one by one.The third chapter deals with the establishment,acquisition and implementation of the right of insurance subrogation.In this part,the author analyzes and solves the problems of the time of establishment,the way of obtaining and the elements of the exercise of subrogation.Also,In this part,the author makes a detailed study on the name,the object of the exercise,the limitation of action of the right of subrogation in order to solve the various issues of dispute.