Study On The Exercise Of The Insurance Subrogation

Insurance subrogation right is the right of the insured to receive the full amount of economic compensation from the insurer,and no longer has the right to request the third party to compensate for the damage.But third people can not be exempted from liability,but by the insurer's subrogation to the third person to exercise the right of claim of the insured.As one of the important derivation rules of insurance loss compensation principle,Insurance subrogation right has been widely recognized by countries all over the world,and has been developing and improving in practice.China's relevant legislation main provisions in the "insurance law","maritime law","maritime procedure law" and a number of judicial interpretation among.However,compared with the developed countries of the world insurance industry,there is still a certain gap between China's legislation and the legislation of the world.For example,whether the scope of the exercise of the right of subrogation in insurance is included in the medical expenses of the personal insurance contract.How to exercise the right of subrogation under special conditions,etc.Since the legislation has not yet made a clear regulation and a long period of time in accordance with the standards of the judiciary in different standards,leading to contradictory judgments are not uncommon.In this paper,through the theory of the concept,nature and legal structure of the right of insurance subrogation,comparative analysis of legislation and practice experience in countries and regions around the world.Focus on the analysis of the problems in the practice of our country.Finally,put forward personal suggestions.This paper is divided into six parts:In the first part,it introduces the significance of insurance subrogation right in general,and then extends to the research methods and expected results.which is the foundation for the research of the thesis.The second part,the concept and nature of the right of insurance subrogation.Firstly,on the basis of the views of other countries and regions in the world scholars,concept definition to the right of insurance subrogation;secondly,through the contrast analysis of the point of view of the theoretical circles at home and abroad,the legal definition,legal assignment of creditor's right should belong to the nature of the right.The third part,the legal form of the right of insurance subrogation.Sum up the four legal elements: the insurer has paid the insurance compensation,insurance of the third party a damages claim,right of subrogation amount not to exceed insurance compensation is limited,loss compensation standard consistency.The fourth part,the comparison of the exercise of insurance subrogation right in Chinese and foreign insurance.Firstly,legislation of related countries of the right of insurance subrogation are summarized,briefly describes the legislative status of China's Insurance Subrogation;secondly,respectively from the right of insurance subrogation exercised by the name,the object of the exercise limitation,exercise way,exercise range,for Chinese and foreign insurance subrogation exercise were compared in detail.The fifth part,the issue of the exercise of insurance subrogation right in our country.Focus on the exercise of the right to exercise the following issues: the limitation of time,the scope of the application is too narrow,the scope of the object is not clear,the way the exercise of special conditions is not clear.The sixth part,the suggestion of the exercise of insurance subrogation right in our country.Mainly including the determination of litigation prescription,appropriate to expand the scope of application,clear the exercise of special objects,clear the exercise of special conditions.