Study On The Application Of Subrogation Right In Personal Insurance

The insurance subrogation is the derivative system of the principle of indemnity,It has a very positive effect on preventing the insured from unjust enrichment and avoiding the third party escaping responsibility.China's “insurance law” clearly against the application of insurance subrogation right in personal insurance.However in theory,there is a dispute about whether or not the application of subrogation right could be allowed in personal insurance,in practice,there are also judges which are inconsistent with the legislation.And the contradiction between the legislation and practice has become more serious.This essay aims to find a reasonable and legitimate answer by researching the relevant issues,which are application of insurance subrogation right in personal insurance.The essay comprises three parts: introduction,text and conclusion.The introduction briefly introduces the research reasons,the research status of relevant issues,and the research methods used in this article.The text is divided into four parts:The first part illustrates the relevant concepts discussed in this article and learn the growing history of subrogation right and personal insurance from system source,by this way,we can clear the significance and value of subrogation right and personal insurance.The second part mainly elaborates the related theory and practice of application of insurance subrogation right in personal insurance,through the analysis of the legislation and the typical case,this paper points out the conflict between law and practice and the problems that exist in practice.The third part is the focus of the article.In this part,it firstly analyzes the theoretical basis and necessity of application of insurance subrogation right in personal insurance.Secondly the rebuttal to the viewpoint of “personal priceless” and personal property is proved to prove the compensatory and substitutable of personal damage.Finally,the article would analyze the rationality and feasibility of the application of insurance subrogation right,which based on researching constitutional elements of application of subrogation right.In the fourth part,to solve the dilemma brought by the obstacles in the way of applying insurance subrogation right to personal insurance,the article made suggestions from the standpoint of legislation and practice.For example,adjust the structure and contents of relevant laws,and learn from application of insurance subrogation right in the USA.As for practice,the author suggests to make use of the discretionary power that court has in judging insurance cases,and to improve the business capabilities of insurance practitioners.The conclusion summarizes the views of the articles through combing the whole essay.Emphasizes the important issues,such as the rationality and opinions of application of subrogation right in personal insurance,by this way we expect the insurance subrogation right apply to advance development in personal insurance.