Claim Of Legal Restrictions Of The Subrogation Right

Insurance,as a way of scattered risk,is taken seriously by people.The Insurance Law was amended for the third time at 2015.The modification further improved it.The most important thing in Insurance Law is principle.And the code content is the principle of subrogation.It is distinguished from general legal principles;it embodies the legislative purpose of Insurance Law and reflects the value of legal protection.Subrogation is an important system in Insurance Law.There are specific provisions in other national laws.The concept of subrogation originates from the Anglo-American law system,and it is a special system in the insurance law.It covered the various subjects in the insurance law,and made the insurer,the insured closely linked.After the insurer has been awarded the indemnity,he has the right to claim against the responsible person.The advantage of this right is that the insurer can be compensated by the responsible.At the same time,avoid accountability.The principle of loss compensation is an important principle throughout the Insurance Law.It is the theoretical basis for the right of subrogation.The core of this principle is to compensate the insured's loss through insurance coverage.But this compensation must be less than or equal to the loss.That is to say,it prohibits insurant to profit by insurance.The subrogation right based on this principle is the concrete reflection of the principle of loss compensation in practice.The constant revision of the Insurance Law in recent years marks the continuous improvement and improvement of China's insurance field.But with it come an increasing number of insurance disputes.The most common of these is the case of insurance subrogation.From China's latest Insurance Law of 2015,article 46,articles 60 to 63,are provisions concerning subrogation.It is concerned with its use condition,restriction condition and so on.However,many of these provisions in the law are not clear enough and it also brings some problems to the judicial practice.The subject and limitation of subrogation right are the most controversial content.Clarifying these problems will not only make our insurance law more complete,but also better guide the practice.Its significance is self-evident.This article will start from the perspective of legal limitation of subrogation,and combine the case in practice.Discuss the name,object,aging,range,etc.Finally come to a conclusion and put forward some suggestions for improvement.